Texas is set to implement a ban on the sale of all smokable THC products, including those derived from hemp, beginning March 31. However, the new regulations will still permit the sale of edibles and THC-infused beverages.
The Texas Department of State Health Services recently finalized these new rules, which will prohibit retailers from offering any smokable forms of THC. This decision follows a public comment period that concluded on January 26, during which citizens were invited to share their opinions on proposed cannabis product regulations. While numerous comments were submitted, only 21 were incorporated into the final rules.
A significant aspect of the updated regulations is the inclusion of THCA, or tetrahydrocannabinolic acid, in the prohibition. THCA is a non-psychoactive cannabinoid that becomes psychoactive upon combustion. Previous legislation had allowed it to evade restrictions on marijuana, but the new rules now classify it as a smokable cannabis product that cannot be sold.
Changes to Retailer Fees
In terms of financial implications for the hemp industry, the latest rules reflect a shift from initial proposals that would have raised annual retail and manufacturer fees by an astonishing 10,000 percent. Thanks to public feedback, the fees have now been capped at $5,000 per retail location and $10,000 per manufacturing facility. While these amounts represent a significant increase from current fees—$150 for retailers and $250 for manufacturers—they are considerably lower than initially suggested.
These increases in fees are part of a broader effort to regulate businesses that sell legal, consumable THC products, responding to an executive order from Governor Greg Abbott aimed at enforcing stricter industry rules.
Background of the Ban
The push for these new regulations stems from an executive order signed by Governor Abbott on September 10, which aimed to enhance protections for minors and alter the sale practices of hemp products. This order followed a failed legislative attempt to outright ban smokable THC products. Abbott had previously vetoed a bill aimed at prohibiting these products, citing the need for stronger protections for children as his primary concern.
Lieutenant Governor Dan Patrick, a prominent advocate for the ban, has been vocal in his criticism of THC products, labeling them as “poison” and asserting that they are marketed towards young people. His efforts included numerous press conferences emphasizing the dangers associated with these products.
