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.

The Texas Agriculture Commission adopted regulations in 2020 requiring that tests account for the potential conversion of THCA to Delta-9. The U.S. Department of Agriculture proposed a similar rule on the last day of President Trump’s first term. The rule was adopted two months later by the Biden administration.

The state’s new hemp regulations slash a proposed 10,000% increase in the annual fees charged to retailers and manufacturers of what Texas calls “consumable hemp products.” But the adopted fees — $5,000 per year for each retail location and $10,000 per year for each manufacturing facility — are still 33 and 40 times higher, respectively, than existing levies.

More than 9,100 retail locations in Texas are registered to sell consumable hemp products, according to state health records.

Michael Minasi

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KUT News

Some retailers say the fees are still crippling, especially coupled with the new prohibition on smokable products.

“It’s a high rate, but it would still be feasible, but then we come into the [THCA] regulations,” said Estella Castro, owner of the hemp store Austin Cannabis Co. “If you don’t have the flower, and the flower is going off completely, I don’t think you’re going to have the $5,000.”

Castro said smokable products account for about 40% of her sales.

Cannabis advocates say they are glad to see new product recall standards and a process to track consumer complaints, but they believe high licensing fees and a ban on flowers and extracts will power up the unregulated market.

“We know that consumers will be able to still acquire these products either from out of state operators who are not restricted by DSHS regulations or from the illicit market, which causes the most concern for us,” said Heather Fazio, who leads the Texas Cannabis Policy Center. “The illicit market doesn’t have age restrictions. It doesn’t have safety mechanisms and consumer protection.”

The new DSHS rules only affect the manufacture, distribution and sale of hemp products. They don’t affect state law allowing for possession of them.

Mark Bordas, head of the Texas Hemp Business Council, compared the $10,000 fee annual on hemp manufacturing facilities to the Texas Alcoholic Beverage Commission’s fee on distillers: $3,000 every two years.

“Our concern is some of these measures are so draconian that you are going to drive people out of the business and then folks’ access to the products,” Bordas said. “Invariably, we’re going to have to bring forth a [lawsuit], and the state has to defend what it’s done, and that’s taxpayer money, and it’s a waste.”

The Texas Longhorns continue to do everything they can to better their team for the future, including dominating on the recruiting trail with some of the most sought-after prospects in the country.

Their latest installment comes after extending offers to offensive lineman Ty McCurry and Jayden Thompson, while also leaving a favorable impression on premier recruit Brayson Robinson.

As they continue to make a push for another top-10 class under head coach Steve Sarkisian, the Longhorns made a staunch impression on three of their top targets for the 2028 cycle.

Forty Acres Stands Out

The Longhorns continue to make a push on the recruiting trail, hosting some premier targets on the first day of spring camp, and extending offers to McCurry and Thompson. Both players were impressed with what they saw, not just on the football field, either, but from the Forty Acres as well.

“They said I’m their top guy and that they want me back out for a visit soon. “McCurry tells me of his conversations with the Longhorns before continuing on where they stand in his rankings. “I’ve loved the past two times I’ve been in Austin to check out the Longhorns and can 100 percent see them being a contender in my commitment down the line.”

McCurry was a Sports Illustrated freshman All-American and currently stands at 6-foot-6 and 270 pounds, currently holding 11 offers with many of them coming from the Lone Star State. The other offer from the first day of practice went to Jayden Thompson, number 15-ranked offensive tackle in the 2028 class according to 247Sports.

“My conversations with the coaches went very well, they were all very inviting and helpful,” Thompson told Texas Longhorns On SI of the Longhorns staff. “If I had one takeaway, it would be the tour of not just the football part of the school, but the campus as well.”

Another target for the 2028 cycle is Brayson Robinson, an edge defender out of Mavel, Texas. While he didn’t receive an offer yet, he has quickly garnered interest with some of the top programs in the country. The Arizona State Sun Devils and Alabama Crimson Tide have been on him mainly, but he’s hearing from a lot of schools, including the Longhorns, who impressed him.

“It went amazing and I like how every coach introduced themselves to my family and me,” Robinson told Texas Longhorns On SI about his visit. “I also love the culture.”

With still a while to go until the 2028 cycle becomes the forefront on the recruiting trail, Sarkisian and his staff continue to set themselves up to be at the top of the conversations regarding the premier talent on their target board.

So far this month, Austin’s main weather observation site at Camp Mabry has recorded 0.7 inch of rain, but the year overall has been dry. Since Jan. 1, we’ve recorded just over 2.5 inches of rainfall, which is about 2.75 inches below normal at this point in the year.

While the weekend rain wasn’t exactly a drought-buster, we can still keep our hopes high — or, in the words of a classic infomercial: “But wait … there’s more!” 

Morning: We’ll wake early Tuesday under dark and cloudy skies, as the sun doesn’t rise in Austin until 7:46 a.m. because of daylight saving time. Temperatures will be near 70 degrees, but don’t expect the same foggy start we saw Monday. Winds will be a bit gusty out of the south, which will help keep the low-level moisture mixed and prevent it from settling in and creating a layer of fog. 

Midday: Sprinkles or light showers are possible through midday, but the heavier rainfall will hold off during the morning. The upper-level low pressure system approaching from the west will help produce active weather across West Texas during the first half of Tuesday. 

Afternoon: However, across Central Texas an atmospheric lid, known as a capping inversion, will remain in place until surface temperatures warm up enough for rising air to break through the “cap.” Once that happens, the atmosphere will gradually destabilize through the afternoon and evening, allowing rain and thunderstorms to develop.

Breezy south winds will continue throughout the day, with gusts up to 25 mph. Afternoon temperatures are expected to climb into the upper 70s and lower 80s.

Once the cold front transits east of Austin on Wednesday, drier and cooler weather will settle in for the rest of the work week before 80-degree afternoon temperatures reemerge next weekend.