Texas Regulators Push to Ban Retail Sales of Hemp Flower

Earlier this year, both the state and federal governments legalized low-THC (.3%) cannabis, defining it as hemp and clarifying ambiguity created by the 2014 Farm Bill.

With the laws changed, hemp (including flower) has become widely available in shops throughout the state. Consumers have been free to use this legal, low-THC cannabis however they so choose.

However, new rules being proposed by the Texas Department of State Health Services (DSHS) would ban the retail sales of “smokable” hemp products, something they do not seem to have the authority to do.

“Rule §300.004 MANUFACTURE OF SMOKABLE HEMP PRODUCT. (a) The processing, manufacturing, and retail sale of consumable hemp products for smoking is prohibited.”

State law, as instituted with the passage of HB 1325, does prohibit the manufacturing of smokable hemp products in Texas. However, it does not prohibit the retail sales of products that are manufactured outside the state, as long as those products are in compliance with federal law. ​If adopted, these regulations would cut Texas businesses out of the market, pushing consumers to out-of-state retailers.

DSHS is still accepting public comment. If you are concerned about this issue (or anything else in the proposed rules), take time to contact the department with thoughtful feedback.

Email DSHSHempProgram@dshs.texas.gov or mail comments to:

Department of State Health Services, MC 1987
Hemp Program Comments
8407 Wall Street
Austin, Texas 78754

A public hearing was hosted on December 17, 2019, but very few people were there to testify.

RELATED: Texas Hemp Update!