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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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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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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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Texas' highest civil court is set to hear and rule on cases dealing with several hot-button issues, including hemp, gender-affirming care and the state's ban on abortions after detection of cardiac activity.
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The Department of State Health Services is considering new rules for the Texas hemp industry that would require child-resistant packaging, stronger warning labels, sharply higher fees and effectively ban smokeable flower and extracts.
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Fort Worth business owners worry the THC industry in Texas could be crippled after Congress closed a 2018 cannabis loophole.
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The suit says the KBI testing regimen improperly resulted in seizure of compliant goods.