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The Texas Fifteenth Court of Appeals has cleared the way for new Department of State Health Services rules governing hemp products to take effect again, including higher fees for businesses and limits on the sale of THCA flower and concentrates. But DSHS says they're still considering how to proceed.
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Katherine Harris with the Baker Institute at Rice University tracks the hemp industry in Texas. She says a more nuanced approach to consumable hemp regulations could make enforcement easier and deter bad behavior.
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The future of smokeable hemp in Texas is unclear. A temporary injunction hearing this week will answer some questions, but how are things looking right now?
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People will be allowed to buy smokeable hemp THC products, such as flower buds and rolled joints, from Texas businesses until at least April 28.
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Hemp businesses also want to block a new rule that raises licensing fees by thousands of dollars.
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Texas says new rules banning sales of smokable hemp also apply to out-of-state companies. But cannabis lawyers question the rules and Austin police won't confiscate hemp if you have the packaging.
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Following negotiations to reopen the federal government during the shutdown in November, the U.S. Senate surprised the hemp industry when it included language in a 2026 Agriculture appropriations act that effectively bans all intoxicating hemp products within one year of President Donald Trump signing the bill on Nov. 12.
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The KBI and local law enforcement executed raids late last year on smoke and vape shops in Concordia, Montgomery, Abilene, McPherson, Pratt, Salina, Topeka and Wichita.
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New state rules change how THC levels are calculated and raise fees on hemp businesses by as much as 4,000%
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Attorneys for hemp businesses say the raids have hurt their revenue and reputation, while police said they’re necessary to root out products with illegal levels of THC.