Texas on the Verge of Banning Smokable Cannabis
A proposed set of regulations from the Texas Department of State Health Services could effectively ban smokable cannabis products in the state by the end of January. The new rules would redefine how THC is measured, leading to a significant increase in costs for hemp businesses and potentially outlawing most smokable hemp products.
The proposed regulations would require hemp manufacturers to pay annual fees of $25,000 per facility, up from the current $250. Retailers would also face a significant increase, with annual fees rising from $150 to $20,000 per location. The rules would still allow for edible hemp products, such as gummies and drinks, but these would be required to carry warning labels and clear dosing instructions.
The proposed regulations come in response to an executive order issued by Governor Greg Abbott in September, which directed 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.
The proposed rules would include THCA amounts in the calculation of Delta-9 THC levels, effectively outlawing most smokable hemp products. Many small hemp business owners and cannabis users have spoken out against the proposed regulations, citing the sharp increase in licensing and registration fees and the effective ban on smokable products.
State health officials can still revise the rules based on public feedback, and the regulations could take effect as soon as January 25. The drafted rules would not affect the state’s medical marijuana program, which was expanded in 2025 to allow for 15 dispensaries statewide.
