New State Rules Could Ban Smokeable Cannabis Products in Texas

The Texas Department of State Health Services has proposed new regulations for the hemp industry that could effectively ban smokeable cannabis products, such as "THCA flower," by the end of the month. These products are currently sold legally across the state.

What Are the Proposed Rules?

The proposed rules include child-resistant packaging, stronger warning labels, expanded testing, recall procedures, and significant fee increases for manufacturers and retailers. Annual fees for hemp manufacturers would jump from $250 to $25,000 per facility, while retailers would be required to pay $20,000 per location each year, up from the current $150 registration fee.

Impact on Hemp Businesses

The proposed rules would still allow for edible hemp products, such as gummies and drinks containing Delta-9, Delta-8, and potent cannabinoids like THCP. However, these products would be required to carry warning labels, clear dosing instructions, and web links to independent lab tests showing the concentration of active ingredients and the presence of any heavy metals, pesticides, or microbial contamination. Over 9,100 retail locations in Texas are registered to sell consumable hemp products, and many of these businesses could be severely impacted by the new rules.

Response to the Proposed Rules

State health officials drafted the new regulations in response to an executive order issued by Gov. Greg Abbott on September 10, directing state agencies to develop new rules governing "consumable hemp products." The order followed a stalemate in the Legislature, where lawmakers failed to agree on whether to regulate mind-altering hemp compounds or attempt another outright ban.

Public Hearing and Testimony

During a public hearing, dozens of small hemp business owners and cannabis users testified, with many supporting stricter packaging rules and age limits but objecting to the effective ban on smokable products and the sharp increase in licensing and registration fees. Some speakers accused the health department of exceeding its authority by attempting to redefine THCA as Delta-9.

Concerns and Support

Several speakers testified in full support of the regulations and called on the state health department to go even further. Some expressed concerns about the potential risks of cannabis use, particularly among young people, and advocated for stricter labeling requirements and higher age limits.

What’s Next?

State health officials can still revise the rules based on public feedback. The regulations could take effect as soon as January 25, or the department could delay or phase in enforcement. The drafted rules would not affect the state’s medical marijuana program, which was expanded in 2025 to allow for 15 dispensaries statewide, up from three.

Conclusion

The proposed rules could have significant implications for the hemp industry in Texas, and it remains to be seen how the state health department will respond to public feedback. While some argue that the rules are necessary to protect public health, others claim that they will unfairly harm small businesses and limit access to products that are currently legal. As the situation continues to unfold, it is essential to consider the potential consequences of these regulations and ensure that they are fair, effective, and in the best interests of the people of Texas.