You can still smoke what you already have, though.
Smokable hemp products are effectively illegal in Texas starting today as new rules on cannabis compounds take effect.
The rules, adopted by the Department of State Health Services, mark the most sweeping change in Texas hemp laws since Gov. Greg Abbott vetoed an all-out THC ban last year. They come as the state looks to ramp up regulation of the booming industry, which the change is expected to hit hard. Hemp business owners, particularly operators of smaller, independent shops, have warned many of their most popular products could become illegal overnight, potentially shuttering their businesses.
But hemp flower, which is smokeable and often looks identical to marijuana, is likely to stick around, industry advocates warn, as the regulation effort meets the typical struggles of prohibition. Consumers and some manufacturers are likely already preparing to find ways around the rules, pushing millions of currently-legal purchases to the illicit market.
“It is certainly misguided that the government, whether it’s lawmakers or regulators, thinks that they are going to pass these rules and expect that the product is simply going to disappear from Texas,” said Heather Fazio, director of the Texas Cannabis Policy Center. “Where there’s a demand, there’s always going to be a supply.”
Flower products are estimated to account for 25% to 40% of the total legal hemp market in Texas. The new concentration rules, which specifically limit the THC-A compound found in flower, don’t affect the growing THC beverage sector, which is now overseen by state alcohol regulators, or other products like gummies or tinctures. Inhalable THC products, like vapes, have been illegal in Texas since the fall.
But consumers who prefer smokeable hemp — which is only illegal to sell, not to possess — could just cross state lines to get them. Hemp flower is legal in New Mexico and Oklahoma.
Others could look to out-of-state companies willing to ship flower products into Texas, a legal gray zone since the new rules specifically target hemp manufactured and sold in Texas. The shipped hemp could be difficult for authorities to identify and apprehend.
Still more will turn to illegal operators looking to capitalize on the new void left by the ban.
“Your neighborhood drug dealer is finally back in business,” said Susan Hays, an attorney who specializes in cannabis law.
All of those practices carry the risks of detainment by various state and local law enforcement agencies, some of which still make marijuana arrests. Texas has continued to lead the country in marijuana arrests, recording 26,000 in 2024. But the state has not so far outlined plans for stepped-up law enforcement for a potential boom in the illicit or gray market, meaning the risk will depend on a patchwork of local police departments and sheriff’s offices.
See here, here, and here for some background. As long as it’s still legal buy it elsewhere and bring it here, or maybe have it shipped here, this will be a mess. I hope HPD doesn’t plan to make it a priority to do spot checks on the many hemp and cannabis stores around the city; surely they have more important things to do. This will be an issue in the next legislative session since no one is particularly happy with the status quo. I dunno, maybe electing different leadership might lead to a different outcome? Just a thought. The Barbed Wire and the Trib have more.