TEXAS — Hemp business owners in Texas are going back to the drawing board.

In the spending bill Congress passed to reopen the government after the longest shutdown in history, there was a hemp provision that redefined the crop.

The old definition from the 2018 Farm Bill defined hemp as any part of the Cannabis Sativa L plant that does not exceed 0.3% of Delta-9 THC by dry weight.

The new definition, however, now defines hemp as any part of the Cannabis Sativa L plant whose total cannabinoids do not exceed the 0.3% threshold. This also includes THCA, the acid precursor to THC.

THCA converts into THC when heat is applied — it is one of the major cannabinoids sold in smoke shops across the state.

The federal provision also created a clear distinction between industrial and non-industrial hemp. The new law will take effect next year.

“Déjà vu. Immediately what we thought was just, ‘How are we going to come back from this?’” said Tristan Taylor, CEO of Tayco Farms, a hemp processing company based in Houston.

He had prepared to change his business model before when Texas legislators were considering Senate Bill 3, a statewide ban on hemp-derived THC.

“Either move to a different state and continue functionality in being able to supply our customers and everything from an out-of-state position or write off 90% of our business and just function as a broad-spectrum brand,” he said.

Focusing on that broad spectrum, however, can pose a challenge.

“There’s a lot of cannabinoids that are non-intoxicating that have medicinal effects, but they’re now going to be included in the 0.3% THC limit,” said Dr. Jokubas Ziburkus, a professor at the University of Houston.

CBD, a component heavily utilized for medical purposes, is among those cannabinoids that will be excluded. It’s one of the pillars that helped Taylor create his business six years ago.

“We’re going to have to reformulate products that might not even be effective in the verbiage and all the medical lingo that we’ve been manufacturing for years with,” he said.

Taylor, while frustrated, is hoping there will be another update in hemp legislation that does not ban the industry outright.

“This is a make-or-break moment. If the ban happens, we’re destroyed. If it doesn’t happen, we can continue doing what we want,” he said.