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Texas Finalizes Rules Banning Smokable Hemp as 'Total THC' Standard Takes Effect March 31

A new 'total THC' testing standard that counts THCA will end retail sales of smokable hemp statewide.

Overview

  • State health regulators adopted final rules that prohibit sales of smokable THC products, including hemp flower and pre-rolls.
  • The regulations redefine compliance using a 'total THC' measure that counts THCA, which converts to delta-9 THC when heated.
  • The rules are scheduled to take effect March 31 unless a court intervenes, and industry leaders say they are preparing a legal challenge.
  • Annual licensing fees rise to $5,000 per retail location and $10,000 per manufacturing facility after earlier proposals for far steeper increases.
  • Most non-smokable consumables such as edibles and infused drinks remain allowed if they meet state testing, labeling and packaging requirements.