Texas hemp industry eyes challenge to ban on smokable THC
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Pre-rolled joints and other smokable THC products will no longer be sold in Texas starting Tuesday.
Why it matters: Hemp advocates say they plan on suing after yet another blow to the multibillion-dollar industry and its consumers.
Catch up quick: Small amounts of THC were made legal through federal and state laws in 2018 and 2019, allowing consumable products to hit the market if they were less than 0.3% delta-9 THC, the main psychoactive compound in cannabis.
- The legislation did not include limits on THCA, a compound in hemp that turns into delta-9 THC when burned.
- That allowed the sale of smokable products containing THCA in Texas because they did not contain more than 0.3% delta-9 THC at the point of sale.
Flashback: After Gov. Greg Abbott vetoed an effort to ban all THC last year, he ordered the Texas Department of State Health Services to add regulations to the industry.
Driving the news: The department's new rules, which go into effect Tuesday, now include limits on the "total THC" in a product, which includes THCA.
- That means smokable products, like flower buds or pre-rolls, are now off the market, industry leaders say.
- Other consumable products, including THC-infused edibles and drinks, remain available. The state previously banned THC vapes.
What they're saying: Texas Hemp Business Council executive director Mark Bordas tells Axios he fears the move will ultimately send consumers to the black market.
- "People are going to look for alternatives," Bordas says. "If they can't get it [in store or online], they're going to get it from somebody they know who knows somebody. That's where things get really frightening."
State of play: Bordas tells Axios the council will file a lawsuit in response to the rule change, saying they don't believe the department has the authority to make the change since THCA wasn't limited by Congress or the Texas Legislature.
- "Both under state law and federal law, we don't talk about total THC," Bordas says. "You can't do it."
- "The state agency is there to regulate, not to legislate," he says. "We feel that they've crossed that bounds, and they're legislating now."
The other side: Lt. Gov. Dan Patrick, who in 2025 led the failed fight in the Texas Legislature to ban all forms of THC, says the products are dangerous and marketed to children.
Zoom out: Tuesday's new rules mandate child-resistant packaging, labeling, testing and bookkeeping requirements. The department banned the sale of hemp products to those under 21 in October.
What's next: A federal ban of hemp-derived THC products goes into effect in November, although hemp industry leaders are hopeful the Trump administration will reverse course before then.