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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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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.
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Justices will have to decide who has the final say on whether delta-8 THC is legal: the Texas Legislature or the Texas Department of State Health Services.
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Hemp advocates say raising annual licensing fees for retailers from $150 to $20,000 and for manufacturers from $250 to $25,000 would shutter small businesses.
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Many consumable, hemp-derived products will become illegal again. CBD shop owners in Kansas say the change could kill their whole industry.
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The suit says the KBI testing regimen improperly resulted in seizure of compliant goods.
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Kansas hemp growers and processors say the new, stricter federal law could derail the entire industry. The state has grown to one of the top five hemp producing states in the country.