Texas turned blue. Can it save hemp before Washington shuts it down?

texas capitol with hemp leaves

It’s been an uphill battle ever since I entered the hemp industry in 2018, starting our family brand RESTART in my hometown of Austin, Texas. At the time, hemp had just been federally legalized with the “<0.3% delta-9 THC by dry weight” language, and no one really had any foresight that it would be interpreted down the line to blossom into a growing direct-to-consumer cannabis pathway these eight years later. 

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I, like many young Texans, enjoyed THC, paired, of course, with lots of live Willie Nelson sets. But I was naive about CBD until a car accident left me with debilitating pain. That crossroads set our family on a journey to explore and educate ourselves about the full-spectrum profile of cannabinoids. In 2019, we became Texas license No. 13 when the state opened hemp licensing, giving us a way to educate our community on hemp despite a stunted medical marijuana program.

Since then, we’ve navigated quite a few things, from restrictions on cannabinoids like delta-8 and THCA to lawsuits and injunctions putting some of those very restricted products back on shelves. We’ve seen big marijuana brands get in on the hemp-derived THC action, and medical marijuana operators pushing back against limiting costly state programs as hemp opened the door to nationwide access. As a result, we and our consumers learned to weather the storms, and that, so far, nothing has been too permanent despite many changes; we always found a way through.

Today, Texas hemp retail licenses hover in the 8,000+ range. Many entered after seeing the boom and opportunity of hemp-derived delta-9 THC in the last few years, selling it in grocery stores, music venues, bars, and sporting arenas.

It’s been a dream many American cannabis consumers could only imagine experiencing, and it was alive and well in the Lone Star State.

All this momentum came to a pause during Texas’ last legislative session in 2025, spearheaded famously by Lt. Gov. Dan Patrick, who was petitioning for a total ban on hemp THC in Texas (as he had been for the previous two sessions), only to be saved this time by a veto by Gov. Greg Abbott requesting more regulation instead of elimination.

We saw a minor win on the Texas stage after that small but mighty victory, but knew there were still more battles to come. We lost vapes that session, and eventually the regulatory body in Texas, the Department of State Health Services (DSHS), issued inflated licensing fees and knocked even more products and operators out of the market.

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Today, Texas’ market is still operational but hobbling along, as a federal hemp ban looms overhead, taking effect Dec. 11, 2026.

The federal hemp ban came from Sen. Mitch McConnell, R-Ky., the same senator from Kentucky who championed hemp legislation in 2018, now inserting a new definition of hemp into the funding bill that ended the 43-day government shutdown in November 2025. Because it was a part of a must-pass bill, it never got a standalone vote. 

That new definition now caps hemp products at 0.4 milligrams of total THC per container, wiping out intoxicating hemp THC and, as a byproduct, also some full-spectrum CBD products. And it will take effect unless Congress takes action.

Politics isn’t something I personally set out to get involved with, but as one of the earliest licensed hemp brands in Texas, I found myself in the middle of this issue’s political landscape, testifying numerous times in front of our Texas House and Senate, and going on multiple advocacy trips to Washington, D.C., to help influence the Farm Bill legislation.

It also allowed me to see firsthand how advocacy efforts can help, but also how challenging the system can be to see impactful change.

With Texas going blue, there is optimism in the air, but unfortunately it’s not as picture-perfect as it seems to be, and here’s why.

The newly elected people who have been so positive publicly about hemp and cannabis, like new Lt. Gov.-elect Vikki Goodwin, have no direct impact, unfortunately, on the federal hemp ban, primarily because they don’t take office until Jan. 19, 2027.

The reality is that the ban takes effect in a few short weeks, and Texans, like the rest of Americans, would have a gap in legal access to hemp products regardless of the blue wave we just saw here in Texas.

The not-so-straightforward silver lining is that we are better positioned to course correct at least within the walls of Texas once our session kicks off Jan. 12, 2027, with the aid of these more hemp-supportive political advocates. But the Texas Senate is still Republican-led and has blocked hemp-friendly bills in past sessions, so it is still yet to be seen what will actually happen this upcoming session.

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As a lifelong Texan cannabis consumer and hemp business owner, I remain hopeful; I mean, candidly, what other option do I have? We aim to stay in business as long as possible and will reduce our product offering accordingly with the final language, if the ban takes effect Dec. 11 as is. We will roll up our sleeves in January and see what work we can help to get done to bring these products back to Texans. In the meantime, we are educating our consumers about the long road ahead, and encouraging everyone to contact their members of Congress prior to December in an attempt to influence a Hail Mary for the industry.

As a final note for Texans, if December passes and you lose legal access to THC, expect that any passing bills in session would likely not take effect until September 2027. It’s not ideal, but it’s the truth, and a lot is still up in the air.

*This article was submitted by an unpaid guest contributor. The opinions or statements within do not necessarily reflect those of GreenState or HNP. The author is solely responsible for the content. 

Shayda Torabi is the co-founder of RESTART, one of Texas' first licensed hemp retailers (No. 13), established in 2018. Alongside her sisters, she operates two brick-and-mortar locations and serves customers nationwide. As a passionate advocate for hemp education and policy reform, Torabi works to empower consumers through education, advocacy, and greater transparency in the ever-evolving cannabis industry.