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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.
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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.