Smokin’ “hemp flower” and other popular THC hemp products may soon disappear from Texas store shelves under proposed new regulations for the state’s estimated $5 billion industry.
The Texas Department of Health wants to account for THCA, or tetrahydrocannabinolic acid, when determining whether a product meets the definition of hemp under state law — a move many hemp users say is a de facto ban, according to Houston Public Media.
THCA converts to delta-9 THC when heated.
Proposed rules could increase fees by 10,000%
The new laws, inspired by the order of the Government of Gov. Greg Abbott’s September regulation of hemp products after rejecting a total ban, can start working on Jan. 25.
They also include dramatic increases in license fees.
Under the proposed rules, annual fees for hemp producers would increase from $250 to $25,000 per property, and retail registrations would jump from $150 to $20,000 per property.
The rules also introduce stricter packaging requirements, expanded inspection procedures and mandatory recall procedures.
During a public hearing on January 9, dozens of small business owners, water users and advocates voiced their opposition.
“These proposed fees don’t regulate small businesses; they destroy them,” said Estella Castro, owner of Austinite Cannabis Co., according to Houston Public Media.
“This proposal will force me to close even though I have done everything correctly.”
Some say that federal regulators are overstepping their authority.
“By counting THCA before burning, you’re blocking legal products in the legislature,” said Jesse Mason, owner of San Antonio hemp store Reggie & Dro, according to Houston Public Media.
Public health supports stronger packaging and warning labels
Supporters of the regulations, including anti-THC activists and medical professionals, cited public health concerns.
Houston pediatrician Dr. Lindy McGee told commissioners that stricter labeling requirements, including language that THC can be addictive and take more than two hours to process, should be included in the regulations.
“[Label warnings] they must be easily visible and big enough so that the supervising grandparents can tell that the gums are edible and not something they should be giving to their grandchildren,” she said.
Although the regulations may go into effect this month, DSHS may revise the regulations based on public feedback.
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The changes do not directly affect Texas’ medical cannabis program, which will expand significantly under new laws Abbott signed into law last year.
However, Texas medical cannabis providers may benefit if the availability of hemp THC decreases.
There are more than 9,100 businesses in Texas licensed to sell hemp products, according to state data, and only three are currently licensed to sell medical cannabis oil under the Texas Compassionate Use Program (TCUP).
