Texas bans intoxicating hemp flower effective March 31 |
Texas bans intoxicating hemp flower effective March 31
AUSTIN (Nexstar) — In two-and-a-half weeks, buying a joint will no longer be legal in the state of Texas.
Recreational marijuana in all forms has been banned since 1931, but a 2019 definitional change has allowed cannabis enthusiasts to enjoy a similar product, hemp, as long as it contained less than 0.3% Delta-9 THC, commonly referred to as THC.
To make up for the lack of THC, which is what gets users high, manufacturers cultivated plants with high amounts of THCA, which, when smoked, breaks down into THC at about an 88% rate.
In the 2025 Texas Legislative session, lawmakers voted to ban hemp-derived THC, attempting to take intoxicating drinks, flower and edibles off the market. In a last-minute decision, Gov. Greg Abbott vetoed the ban, giving hemp manufacturers and hemp retailers a new lease on life.
Abbott initially put hemp regulations on last summer’s special session agenda — however lawmakers never agreed on comprehensive hemp reform. Instead, Abbott issued an executive order asking for stricter regulations on hemp-derived THC products.
One of those proposed reforms: “Revising testing requirements… to ensure that tests measure the total delta-9 THC content of a hemp-derived product by accounting for both delta-9 THC and the conversion of tetrahydrocannabinol acid (THCA).”
The Texas Department of State Health Services (DSHS) did just that — proposing the rule in January. After a public comment window in which the hemp industry voiced their displeasure, the rules were finalized on March 6.
“You’re talking about shuttering stores — if these stay in place — that employ over 50,000 Texans,” Mark Bordas, executive director of the Texas Hemp Business Council, said. “You’re talking about major market disruption to an industry that generates over $10-12 billion a year.”
While smokable intoxicating hemp will be barred, hemp-derived intoxicating drinks and edibles will not be affected by the chain. Nicholas Mortillaro, a hemp store operator, says this isn’t enough for most stores.
“The fact is, here in the State of Texas, (smokable hemp) is the most commonly ordered product,” he said. “So with that off the table, you’re going to see 60-70% declines at least in our businesses, but I think statewide as well. And it’s going to happen within the next three weeks.”
One hemp store operator, who declined to share his opinions publicly due to fears of retaliation, said he’ll have to close.
“For many small retailers across Texas — including my own vape shop — these rules will effectively shut down our businesses overnight,” he said in an email. “The majority of the products we currently sell will suddenly become illegal to offer for sale, leaving us with no viable way to operate.”
Another blow to the hemp industry in DSHS’ new rules — dramatically increased licensing fees. Previously, hemp stores needed to pay a $150 fee to DSHS for their annual license. Under the new rules, they will have to pay $5,000.
Similarly, hemp manufacturers currently have to pay $250 in license fees per facility. Under the new rules, they will be required to pay $10,000.
The fees ended up being one of the only areas DSHS budged on in response to the public comment window. In their initial proposed rules, manufactures would’ve had to pay $25,000 and retailers would’ve had to pay $20,000.
“That’s a false negotiation,” Mortillaro said. “The most important thing is that it is not proportional to the actual expense that DSHS will incur to actually regulate the industry… There needs to be a wholesale review what it’s actually going to take to regulate this industry and have licensing fees be proportional to that.”
Hard-line THC prohibitionists disagree.
“The fees aren’t high enough,” Aubree Adams from Texans for Safe and Drug-Free Youth, said. “How are the Texas taxpayers going to pay for law enforcement costs?… I want to know how is the Texas taxpayer going to pay for that with such low fees to the hemp industry.”
Battle over hemp rages on
While Adams is happy with DSHS’ decision to ban intoxicating smokable hemp, she was a strong supporter of the vetoed total ban and would like to see it eventually take effect.
“Drinking THC, swallowing THC, just like smoking THC, is a bad decision, and selling products that allow a person to do that will cause even more quicker responses to that drug,” she said. “They have to purposely, through their predatory practices, make the THC molecule smaller to get into the digestive system to impair the person quicker, which means the psychosis can come on faster and stronger. So it’s a really bad idea.”
On the other side, the hemp industry is hoping for either a court to step in or a future legislature to bring smokable hemp back through new laws.
“We’re going to take a look at any eventuality possibilities that we may have recourse,” Bordas said. “And that includes, of course, looking at litigation.”
“(The legislature) is my main focus,” Mortillaro said. “This is one of the last real issues that is truly bipartisan, and I’ve met everyone from the most conservative to the most liberal that agrees that adults should have access to regulated cannabis. So that is our main campaign going forward.”
Nexstar reached out to Abbott’s office and the office of Lt. Gov. Dan Patrick, who pushed for the THC ban, for comment. Neither office responded.
Nexstar also reached out to DSHS for comment, who referred back to their updated rules and said, “Consumable hemp licensees and registrants can contact the program if they have questions about the rules.”
Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
More Nexstar Media Wire News News
Hegseth, Trump faces perilous options in the Strait of Hormuz
Judge rules Trump administration unlawfully refused to request CFPB funding
Republicans, Democrats warn Trump administration against pulling US troops from ...
Trump officials erupt at CNN over report on surprise over Strait of Hormuz ...
Bessent's interview halted for urgent talks in Situation Room: ‘The president ...
Senate Democrat calls for investigation into Texas drone incidents
Powell called these 13 lawmakers as DOJ opened criminal probe
98-year-old federal judge suspended for mental fitness appeals to Supreme Court
CNN’s reporting on Strait of Hormuz riles White House
Trump confirms giving officials dress shoes: ‘I don’t want my Cabinet ...
Democrats block bill to reopen Homeland Security amid 27-day shutdown
TSA problems loom for spring break
Hegseth orders ‘ruthless, no-excuses’ review of military legal offices
Judges decline to extend acting Virginia U.S. attorney’s tenure
Judge quashes grand jury subpoenas of Fed, Jerome Powell in renovations probe
Landmark housing bill overwhelmingly passes Senate, faces uncertain future in ...
House Republicans threaten to oppose Senate bills until SAVE America Act passes
Gulf countries press for end to Iran war with push for diplomacy