Texas ban THCA on selling smokable cannabis takes effect March 31
According to reports, New rules from the Texas Department of State Health Services now ban stores from selling any smokable form of THC, including hemp-derived products.
Smokable cannabis products must be removed from Texas stores by the end of the month under new rules adopted by the state’s health department.
Virtually all edible hemp products will still be allowed with stricter packaging and testing requirements. But sharply higher fees on retailers and manufacturers, while lower than initially proposed, could lead to more expensive products or force some companies out of business.
The sweeping regulations for the state’s hemp industry were first recommended in December. They were created based on an executive order issued by Gov. Greg Abbott after the Texas Legislature couldn’t agree whether to regulate THC products more strictly or ban them entirely.
Last week, the Texas Department of State Health Services adopted its final version of the rules and said they would take effect March 31.
The new regulations effectively ban the sale of smokable hemp and extracts by changing how DSHS measures Delta-9 THC, the primary psychoactive ingredient in cannabis.
Under the state’s 2019 hemp law, cannabis with no more than 0.3% Delta-9 by dry weight is considered legal hemp.
The adopted DSHS regulation includes a new “total THC” rule, which counts a cannabis compound known as THCA in the Delta-9 calculation. THCA converts to Delta-9 when heated or smoked, which is why a product known as THCA flower has become widely popular in Texas.
During the public comment period, hundreds of people told DSHS they oppose counting THCA as Delta-9. THCA is not explicitly banned by state or federal law.
In its response, DSHS said the “total THC” policy follows existing state and federal regulations, which are the rules written by government employees tasked with interpreting law.
