The drama over Texas hemp law continues. The latest? A judge temporarily blocked a statewide ban on smokable hemp products with THC, allowing raw flower and pre-rolls to remain on sale—at least until April 23.
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The Lone Star State has a thriving hemp market, with sales of cannabis drinks and THCA flower growing every year. Lawmakers previously passed a ban on intoxicating hemp, which Governor Greg Abbott vetoed. He instead called for regulating the products.
One of the new regulations from the Texas Department of State Health Services shifts hemp testing to a “total THC” standard capped at 0.3 percent. Previously, state law defined hemp as containing less than 0.3 percent delta-9 THC. This allowed THCA (which converts to THC when heated) to be sold. Now, the cap includes all types of THC.
The updated definition effectively eliminates smokable hemp products in Texas. Businesses caught selling noncompliant products could face fines of up to $10,000 per day. The state says it is trying to align early with a new federal definition of hemp set to take effect in November. Under that change, hemp would be defined not by 0.3 percent delta-9 THC by dry weight, but by a limit of 0.4 milligrams of total THC per package.
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Lawyers for several Texas hemp businesses argue the change oversteps agency authority and effectively bans products the Legislature did not. They also contend the rules would devastate the industry, hurting Texans’ businesses and livelihoods.
“An administrative agency may not substitute its own policy judgment for the outcome produced by the constitutional lawmaking process,” the lawsuit states.
Judge Maya Guerra Gamble granted a temporary restraining order against the new testing regulations. A hearing will convene on April 23.
The ruling offers a temporary reprieve for hemp operators and consumers as the case moves forward. While the future of smokable THC hemp in Texas remains unclear, one thing is certain: there’s never a dull moment for the industry here.