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FILE – Texas lawmakers consider hemp regulation at hearing
Major changes to the Texas THC industry could once again be on the table at the next legislative session.
AUSTIN, Texas - After months of back-and-forth in court, new THC rules are set to go into effect Friday in Texas.
What we know:
The so-called "Total THC" rules were supposed to take effect March 31, but have been paused several times since then through court injunctions. In May, the Texas Supreme Court ruled in an essentially unanimous decision that the Department of State Health Services has broad authority to regulate substances.
The ruling allowed officials to move ahead with plans to enforce the new rules while lawsuits about them play out.
DSHS announced its intention in the July 10 issue of the Texas Register to reinstate the new THC rules.
Texas Supreme Court enters fight over state’s THC rule
The Texas Supreme Court has weighed in on the fight to stop the state’s new THC rule that essentially bans most smokable hemp products in the state.
By the numbers:
At the heart of the new regulations a 0.3% THC limit for consumable hemp products. The rules also required testing as well as child-resistant packaging and testing. Licensing fees for retailers were also hiked from about $250 to $10,000 in some cases.
Kaab Malik, owner of iVape ATX, reaches for a strain of smokeable hemp at his shop on Guadalupe Street in Austin, Monday, March 30, 2026. (Mikala Compton/The Austin American-Statesman / Getty Images)
What they're saying:
Advocates for the hemp industry have said the rules would essentially force them to discard a large amount of inventory, and run them out of business.
Attorneys for the state have called THC-A, a non-intoxicating compound found in most smokable hemp products, "marijuana in waiting" since it converts to an intoxicating form of THC called Delta-9 when heated.
Austin hemp sellers weigh in on looming ban of smokable THC
New hemp regulations going into effect at the end of the month could mean that some of the most popular products will be taken off the shelves.
What's next:
During a hearing in early July, Republican State Sen. Charles Perry, of Lubbock, said he plans to bring up a new bill during the upcoming Texas legislative session to ban THC. He was the author of a similar bill in 2025 that was later vetoed by Texas Gov. Greg Abbott.
Texas lawmakers prepare for another push to ban THC during legislative session
Major changes to the Texas THC industry could once again be on the table at the next legislative session.
Texas Lt. Gov. Dan Patrick has already charged a state Senate committee to begin studying "the impact of THC on increased health care costs, mental health emergency detentions, and the risk of being diagnosed with a THC-induced psychotic disorder."
The legislative session begins Jan. 12.
The Source: Information in this story came from the Department of State Health Services and previous FOX Local reporting.