Everything You Need to Know About the Texas Hemp Ban

When Will the Texas Hemp Ban Go into Effect?

During the 2025 Texas Legislative session, lawmakers voted to pass Senate Bill 3, which would have banned all THC products, including intoxicating drinks, flower, and edibles. However, in a last-minute decision, Gov. Greg Abbott vetoed the ban, citing a similar Arkansas law that had been tied up in court for 2 years. Instead of outright banning THC, Abbott called lawmakers back to Austin and wanted them to push for stricter regulations. In the first special session, lawmakers tried to push for regulation through Senate Bill 5, which passed the Senate but stalled in the House. In a second special session, lawmakers tried again with Senate Bill 6, but the House still did not pass it. In January 2026, the Texas Department of State Health Services (DSHS) proposed a new hemp ban rule, which was finalized on March 6.  These new regulations surrounding hemp will take effect on March 31, 2026.

What Does the Texas Hemp Ban Include?

The new Texas DSHS regulations will effectively ban the sale of most smokable hemp products. The new regulations adopt a “total THC” calculation that includes tetrahydrocannabinolic (THCA), which converts to Delta-9 when heated. Delta-9 is the primary psychoactive ingredient in cannabis, and in Texas, the legal limit for hemp products is 0.3% Delta-9 THC. By factoring in THCA into the calculation, popular products like “THCA flower” and other smokable hemp products will no longer meet Texas’s legal threshold and will therefore be banned.

What Forms of Hemp Will Remain Legal in Texas?

While many smokable hemp products will no longer be legal in Texas due to surpassing the new calculations for the legal limit, there will still be a few hemp products available for consumers. One product that will remain legal, with stricter requirements, is edible hemp products. Edibles and gummies will remain legal as long as the packaging is child-resistant and resealable, and it complies with the new labeling requirements. Additionally, hemp products containing CBD or CBG will remain legal, as they do not produce an intoxicating effect. Furthermore, hemp products that contain less than 0.3% Delta-9 THC when calculated under the new standard will remain legal.

How Will the New Hemp Rules Affect the Compassionate-Use Program?

The Compassionate-Use Program is a system that allows regulated businesses to cultivate, process, and distribute low-THC cannabis to patients with certain medical conditions. Previously, people with epilepsy, a seizure disorder, MS, spasticity, ALS, autism, cancer, PTSD, or incurable neurodegenerative diseases could take part in the program. Under the new hemp ban rules, Gov. Greg Abbott has expanded the Compassionate-Use Program to include people with chronic pain, Crohn’s disease, and people in hospice care. However, before people with the above conditions can take part in the program, there are several requirements for a physician to write a prescription for low-THC cannabis. The requirements are:

1. The physician must be qualified to prescribe Low-THC cannabis to patients with certain medical conditions,
2. The patient must be a permanent resident of Texas,
3. The physician must comply with certain registration requirements,
4. The patient must have one of the diagnoses listed above, and
5. The physician must determine that the risk of the patient’s medical use of low-THC cannabis is reasonable in light of the potential benefit for the patient.

What are the New Licensing Fees for Hemp Products?

In addition to adjusting the regulations governing the sale of hemp products, licensing fees for retailers and manufacturers selling hemp have increased. Currently, the licensing fee for hemp stores is $150 per year, and the licensing fee for hemp manufacturers is $250 per year. Under the new regulations going into effect on March 31^st, hemp stores will pay a $5,000 annual licensing fee, and hemp manufacturers will be required to pay a $10,000 annual licensing fee.

What are the Penalties for the Sale and Use of Banned Hemp?

Businesses registered to sell legal hemp products will face severe administrative penalties if they are caught selling products exceeding the “total THC” legal limit. Under the proposed legislation, the penalty for the manufacturing or selling of hemp products that contain more than 0.3% Delta-9 THC under the new calculations could potentially be upgraded to a third-degree felony. A third-degree felony is punishable by 2 to 10 years in prison and up to a $10,000 fine. For consumers, the punishment for the use or possession of illegal hemp products depends on whether or not you have previously been charged with a crime, how much marijuana was in your possession when arrested, and your intended purpose of having the product. The punishment if you are caught with illegal hemp products can range from a Class B misdemeanor to a Felony.

Conclusion

Beginning on March 31, 2026, many smokable hemp products will be banned in Texas. Hemp products that contain more than 0.3% Delta-9 THC will be banned, and those selling or possessing illegal hemp products can face severe penalties. As long as the product contains less than 0.3% Delta-9 THC under the new calculation method and is cultivated by a licensed grower, it will remain legal in Texas. While consumers will still be able to purchase products like edibles, CBD, and CBG, those products will need to comply with new packaging regulations and remain within legal limits. Additionally, hemp and marijuana use will still remain legal as limited medicinal use for those who qualify for the Compassionate-Use Program.