New restrictions on THC will go into effect shortly and will no longer be legal in Texas.
Recreational marijuana in all forms has been banned since 1931, but a 2019 definitional change allowed people to use hemp if it contained less than 0.3% Delta-9 THC.
Manufacturers began cultivating plants with high amounts of THCA whick breaks down into THC at roughly an 88% rate when smoked.
In the 2025 Texas Legislative session, lawmakers voted to ban hemp-derived THC, attempting to take intoxicating drinks, flower and edibles off the market that contained the substance, but Gov. Greg Abbott vetoed the ban. Lawmakers were unable to agree on hemp reform and Abbott eventually issued an executive order requesting higher regulations on hempderived THC products, including revising testing re- quirements.
This past January, the Texas Department of State health Services (DSHS) proposed a rule, it was finalized on March 6.
Hemp owners have voiced their disapproval of the new rule saying it cause unemployment at their retail locations.
Additionally, new DSHS new rules will dramatically increase licensing fees. Previously, hemp stores needed to pay a $150 fee to DSHS for their annual license. Under the new rules, they will have to pay $5,000. Hemp manufacturers currently pay $250 in license fees per facility - under the new rules, they will be required to pay $10,000.
Under the initial proposed licensing fees , manufactures would’ve had to pay $25,000 and retailers would’ve had to pay $20,000.
Hard-line THC prohibitionists continue to say the fees aren’t high enough.
According to Aubree Adams from Texans for Safe and Drug-Free Youth, fees are not high enough to pay law enforcement costs, shifting the burden to the Texas taxpayer.
Meanwhile the hemp industry is hoping for either a court to step in or a future legislature to bring smokable hemp back through new laws.