New rules were adopted recently by the Texas Department of State Health Services, which prohibit stores from selling any smokable form of THC, including hemp derivatives.
New rules were adopted recently by the Texas Department of State Health Services, which prohibit stores from selling any smokable form of THC, including hemp derivatives. The new rules, which take effect at the end of the month, don't affect the sale of most other consumable THC products, such as edibles and infused drinks.
The new rules were finalized after a public period of comment that ended on Jan. 26, when Texans were given the chance to weigh on on proposed standards of definition and sale for cannabis products in the state. Dozens of comments are listed in the newly adopted ruleset, and only 21 were agreed to by the state department.Notable among the denied comments is the inclusion of THCA in either the ban or the definition of total THC. THCA, short for tetrahydrocannabinolic acid, is a cannabinoid that converts to a psychoactive substance once it's burned. A loophole in previous legislation allowed it to slip past marijuana bans, but the new rules tack it on to the smokable cannabis that can no longer be sold. Another notable change is somewhat more positive for those in the hemp industry in Texas. Previous renditions of the THC rules would have increased the annual retail and manufacturer fees by 10,000 percent. Due to accepted public comment, the fees are now capped at $5,000 per year for each retail location and $10,000 per year for each manufacturing facility.Those numbers are still a steep increase, however. Retail fees are currently $150, and manufacturers pay $250 annually. Thousands of stores across the state are currently licensed to sell hemp products.Gov. Greg Abbott signed an executive order leading to the new rules on Sept. 10, mandating protections for minors and changing where stores can sell hemp products. The order came after a session-long attempt to ban the products outright. Alongside his order, Abbott justified his failure to sign the first bill passed by the legislature, saying protections for children were his goal. The first attempt to ban THC ended with a veto from Abbott. SB 3 was championed by Lt. Gov. Dan Patrick, who presides over the Senate, and who led a passionate campaign against the products. Patrick, who is quoted as calling THC products "poison," and delivered numerous fiery press conferences decrying the companies he claimed targeted the products towards the youth.
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