The sale of smokable hemp products is now prohibited in Texas following a ban enacted earlier this spring by the Department of State Health Services at the direction of Gov. Greg Abbott. The regulations target THC-containing products like hemp flower and pre-rolled joints.

Legal Gray Areas and Expected Consumer Response

Despite the sales ban, possession of smokable hemp remains legal under both state and federal law. Legal experts anticipate customers will circumvent the ban by ordering products from out-of-state suppliers. “Whether anyone can be criminally prosecuted for buying products from out of state is still going be doubtful and difficult,” stated cannabis attorney and lobbyist Susan Hays in an interview with KUT. “Most prosecutors, many cops, certainly the majority of the people living in Texas are over this idea of criminalizing a plant.”

State Enforcement Challenges

State regulators argue that any hemp product shipped to a Texas customer must comply with the new rules. However, experts question the state’s ability to effectively enforce the ban. The 2018 U.S. Farm Bill legalized hemp nationwide and prevents states from blocking interstate hemp shipments.

Andrea Steel, an attorney with The Banks Law Firm in Houston, noted, “I would venture to say that anybody who is wanting to place an order for a product that will no longer comply with the new rules will probably not have any qualms finding a company to ship it to them from out of state.”

Law Enforcement Practices

The Texas Department of Public Safety did not respond to requests for comment. However, the Austin Police Department indicated that officers determine legality based on product packaging. If Delta-9 THC content is under 0.3%, the product is considered legal. Austin and San Antonio police generally do not pursue charges for small amounts of marijuana possession, and many District Attorney’s offices have deprioritized such cases.

Potential Legal Challenges

The Texas hemp industry is preparing to file for a temporary restraining order to halt the new rules, with plans for a longer-term injunction if the initial order is granted. This legal challenge aims to prevent the state’s prohibition while a full court review takes place. San Antonio dispensaries, which rely heavily on smokable product sales, are preparing to navigate the changing landscape.

Attorneys representing hemp businesses report that the recent enforcement actions have negatively impacted their revenue and reputation. Lawmakers and industry leaders recently met in Austin to discuss the future of the hemp market in the state.