Hey Texas DSHS, Leave Our Hemp Alone!

The legal hemp industry in the U.S. started with the Agriculture Improvement Act of 2018, also known as The 2018 Farm Bill. This law effectively legalized hemp with low THC levels. More importantly. it led to the development of a properly regulated multi-billion-dollar industry.

Update (May 1, 2026):

A Texas court ruling has temporarily blocked enforcement of the state’s new hemp restrictions, including the proposed ban on smokable hemp products. The judge issued a preliminary injunction preventing the Texas Department of State Health Services (DSHS) from enforcing its revised "total THC" rule and related changes. This injunction means that consumable hemp products can continue to be sold while the case proceeds.

The injunction does not have a set end date. It will remain in effect until the court reaches a final decision on the lawsuit; unless it is modified or lifted earlier by the judge or an appellate court. Next steps typically include continued litigation on the merits (potentially leading to a permanent ruling), possible appeals from the state, and further hearings where the court could either extend, narrow, or dissolve the injunction depending on how the case develops.

As it stands today, DSHS' recent policy changes have been stopped - at least temporarily - from going into effect.

As it stands today, DSHS' recent policy changes have been stopped - at least temporarily - from going into effect.

/Update

Original story continued:

Since then, federal regulators have adjusted the rules around THC measurement. These changes will culminate in late 2025 with a definition of “total THC” that includes THCa. This shift has significant consequences: products that were once compliant may now exceed the legal limit. As a result, producers and consumers are trying to figure out what’s still permitted.

Shortly after the late-2025 federal updates, Texas's state agencies began reviewing hemp compliance according to the new federal guidance. In January 2026, the Department of State Health Services (DSHS) opened a public comment period, allowing stakeholders to share their thoughts. DSHS received over 1,400 comments, but the impact was minimal. Now, through policy updates and licensing rules—not new laws—Texas has aggressively enforced these "total THC" standards. Once compliant products have been removed from the market without any legislation passed by the Texas legislature. This has created a regulatory squeeze that completely bypassed elected lawmakers.

Now, through policy updates and licensing rules—not new laws—Texas has aggressively enforced these "total THC" standards. Once compliant products have been removed from the market without any legislation passed by the Texas legislature.

The new rules from DSHS (https://guides.sll.texas.gov/cannabis/) target consumable hemp products (CHPs). These products, which include edibles, tinctures, and smokable flower, are now evaluated based on the total THC standard. In practical terms, many products that were previously legal may now be illegal. This means they cannot be sold or possessed in any amount. Retailers, wholesalers, processors, and consumers are now trying to grasp what can still be sold or bought in Texas. For the rest of the country, it highlights how quickly compliance can change under regulatory authority.

Starting March 31, 2026, Texas will calculate "total THC," including both THC and the previously overlooked THCa. This total will make almost all smokable hemp flower illegal. Along with this strict reclassification for CHPs, licensing fees have increased, compliance rules are tougher, and enforcement powers are broader. While some products, like certain edibles, might still be allowed under tighter regulations, the main market (hemp flower) is being effectively wiped out. The industry isn’t just facing challenges; on March 31, it will hit a critical point, leading to serious repercussions. For all other states, this should be a moment to pay attention and respond accordingly.

The industry isn’t just facing challenges; on March 31, it will hit a critical point, leading to serious repercussions. For all other states, this should be a moment to pay attention and respond accordingly.

If You Live in Texas...

Take 2 minutes. Make your voice heard:

Governor Greg Abbott

https://gov.texas.gov/contact

(512) 463-2000

Lieutenant Governor Dan Patrick

https://ltgov.texas.gov/contact

(512) 463-0001

Senator Bryan Hughes

https://capitol.texas.gov

(512) 463-0101

What to say:

“I’m a Texas resident and I oppose restrictions on hemp-derived products. Please vote NO on legislation that limits access.”

Tune In. Turn On. Speak Out.

1. Know Your State Laws

1. Keep track of your state’s hemp and cannabis regulations. These change quickly.
2. Subscribe to newsletters or alerts from state / local agricultural or hemp boards.

2. Engage With Advocacy Groups

Subscribe to their newsletters, follow them on social, and if possible, donate. Being an informed citizen and consumer is the key to knowing how and when to respond to government activity.

1. American Civil Liberties Union (ACLU) - https://www.aclu.org: This organization works on civil rights issues, including cannabis policy.
2. Vote Hemp - https://www.votehemp.com: - This national group focuses specifically on hemp legalization and education.
3. National Hemp Association (NHA) - https://nationalhempassociation.org: This group provides industry guidance, policy updates, and lobbying support.
4. National Organization for the Reform of Marijuana Laws (NORML) - https://norml.org: This organization focuses on broad cannabis legalization efforts, sometimes including protections for hemp.
5. State-Level Pro-Hemp Coalitions. Many states have local organizations or alliances that work to influence policy, such as the Texas Hemp Coalition and the California Hemp Council.

3. Participate in Public Comment and Policy Input

1. When state agencies propose new rules, such as those by Texas DSHS, submit public comments. These can directly affect regulatory decisions.
2. Follow proposed changes through state agency websites or federal rulemaking portals like regs.gov.

4. Support Hemp Businesses

1. Buying from compliant and responsible producers helps maintain the market and shows lawmakers that there is economic interest.
2. Encourage local hemp-friendly retailers to join trade associations or advocacy networks.

Conclusion

If you’re thinking, “This can’t happen to me. It can’t happen in my state,” think again. Texas is a very influential state. The fact is, regulatory changes can come fast, and what’s legal today may be taken away from us tomorrow. Staying informed, supporting advocacy groups, and exercising your voice through public comment, petitions, and civic engagement are powerful ways to protect your interests and make an impact.

Silence is not an option.