Currently, the new smokable hemp ban is framed as a public safety measure, but it is just a very harsh reaction to a complicated issue. As of March 31, Texas is enforcing rules prohibiting retailers from selling smokable hemp, such as flower and pre-rolls.
According to The Texas Tribune, these rules changed how THC is calculated, by instead counting the total amount of any THCA in products, which bans many smokable hemp products that had been legal before. THCA is the compound in raw cannabis that when heated, converts into THC, which is associated with marijuana’s effects. Products sold as smokable hemp can produce similar effects when smoked because the THCA converts to THC.
Texas had other regulation options, such as creating rules for labeling and product testing, but the Texas legislature made a blanket choice and banned a huge part of the hemp market. According to the Houston Chronicle, the legal hemp market consisted of somewhere between 25-40% smokable hemp. Banning these products will not eliminate the demand for them, and buyers will seek markets with less regulation or out of state sellers where safety will be at risk.
This ban is inconsistent, as Texas has banned the selling of hemp but not possession. This makes it hard-to-digest as a public safety policy and difficult to enforce. KUT News notes that regulators say the ban is only for products shipped to Texas, but attorneys question how one could actually enforce this. When hemp and marijuana are difficult to distinguish for many Texans, it seems strange that the state has created a policy that complicates enforcement instead of solving the issue.
However, Texas is not banning all hemp. The new regulations only ban smokable products with a total THC content above 0.3%. Most edible hemp products can still be sold if they meet the strict state requirements involving age verification, labeling and licensing. Texas is essentially targeting products that function similarly to marijuana.
Unfortunately, new rules also raise licensing costs.The Texas Tribune reports that manufacturer fees increased from $258 to $10,000 per facility and retail registrations rose from $155 to $5,000. These increases essentially force businesses to close outright instead of regulating hemp.
This ban is performative and lazy. Texas did not try to create a standard for the market but just threw in the towel on an issue and called it public safety.
