Legal Defense Center
Reggie & Dro is fighting for Texas hemp through One Plant Solution. We hold NC hemp licensing, we are fully compliant with the 2018 Farm Bill, and we will not stop until this unconstitutional overreach is reversed.
What's Happening
March 31, 2026 — DSHS Total THC Rules Take Effect
DSHS has adopted rules changing the THC calculation formula to include THCA (Total THC = 0.877 × THCA + Delta-9 THC). This effectively bans THCA flower, smokable hemp, and hemp concentrates in Texas.
What Remains Legal in Texas
Delta-9 THC gummies and edibles (formulated below 0.3%), tinctures, oils, capsules, topicals, beverages, and CBD products are NOT affected.
Active Litigation — Three Parties Unified
Mark Bordas, David Sergei, and the THBC coalition have unified into ONE legal team. Six attorneys across three firms are filing after March 31 once rules take effect (for standing). The petition is largely complete. The legal dream team: Amanda Taylor & JR Johnson (Butler Snow), Jason Snell (Snell Law), David Sergei (Sergei Law), Andrea Steel (Banks Law Firm), and Neil Willner (Vicente Sederberg). Sky Marketing v. DSHS remains pending at the Texas Supreme Court.
Know Your Rights
What every Texan needs to know about the new hemp rules.
Possession is Legal
Possession of THCA remains legal in Texas even after March 31. The ban targets retail sale of smokable hemp, not personal possession.
Sale Ban ≠ Use Ban
The ban targets retail sale, not personal possession or use. If you already have hemp products, you are not breaking any law by possessing them.
Federal Protection
2018 Farm Bill protects hemp-derived products under 0.3% Delta-9 THC. This federal definition remains in effect until November 12, 2026.
Report Violations
Contact TTSA to report unlawful enforcement or bad actors in the hemp industry. Transparent standards protect everyone.
Our Legal Arguments
Stack-ranked by strength of legal theory and precedent support.
Administrative Overreach (Ultra Vires)
70-75%DSHS rewrote the statutory definition of hemp via administrative rulemaking. The Texas Legislature explicitly rejected SB 3, SB 5, and SB 6 — bills that would have changed the hemp definition. DSHS then did what the Legislature refused to do. An agency cannot exceed the authority delegated by statute.
Precedent: Sky Marketing v. DSHS (TX 2021) — Industry WON
Separation of Powers
60-65%Governor Abbott vetoed SB 3, then the executive branch implemented the same policy through DSHS rulemaking. The legislative function belongs to the Legislature. Ohio and Tennessee courts granted TROs on this identical theory.
Precedent: OH Healthy Alternatives v. DeWine (OH 2025) — TRO GRANTED
Due Process & Reliance Interest
55-60%Reggie & Dro built a $1M+ business relying on the HB 1325 definition of hemp. Products legal on March 25 become illegal on March 31 — with no transition period. This destroys property interests and business reliance without compensation.
Precedent: Texas Constitution Article I, Section 19
APA Procedural Challenge
50-55%DSHS used formal rulemaking but the public comment period was compressed and inadequate. The Texas Administrative Procedure Act requires meaningful opportunity to comment on rules that redefine an entire industry.
Precedent: Texas Government Code Chapter 2001
Federal Preemption (2018 Farm Bill)
45-50%The 2018 Farm Bill (7 U.S.C. § 1639o) defines hemp using only delta-9 THC concentration — not "total THC." This federal definition remains in effect until November 12, 2026. State rules that conflict with federal law are preempted during this window.
Precedent: Hemp Industries Ass'n v. DEA (9th Cir. 2024)
Precedent Scorecard
When the argument is “agency exceeded authority,” the industry is 4-for-4.
| State | Case | Agency Overreach? | Result |
|---|---|---|---|
| TX | Sky Marketing v. DSHS (2021) | YES | Industry WON |
| OH | OH Healthy Alternatives v. DeWine (2025) | YES | TRO GRANTED |
| TN | TN Growers v. Dept of Agriculture (2024) | YES | TRO → Injunction |
| NY | Super Smoke v. Cannabis Control Board (2025) | YES | TRO GRANTED |
| AR | Bio Gen v. Sanders (8th Cir. 2025) | NO (legislative) | Denied |
What the Law Actually Says
Texas Agriculture Code §122.001(1) — HB 1325 (2019)
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
The statute says “delta-9 tetrahydrocannabinol” — not “total THC,” not “potential THC after conversion,” and not any other formulation. DSHS does not have the authority to redefine what the Legislature wrote.
Our Compliance
Complete Cannabis Law Guide & THCA Vendor SOP
State-by-state coverage of hemp laws, marijuana regulations, THCA legality, vendor licensing requirements, and actual statute citations — compiled per congressional request through the Farm Bill reauthorization process (CRS Report R46189).
Our Policy Organizations
Powered by One Plant Solution — Policy by the People, for the People
Texas Truth and Safety Act
Science-based standards for Texas
Transparent, science-based THC testing and retailer certification standards to protect Texas consumers and businesses.
American Cannabis Freedom Act
Fair market access for American farmers
Protecting small farmers, championing interstate commerce rights, and advocating for full federal descheduling of cannabis.
Join the Fight
Your membership supports our legal defense and advocacy for Texas hemp.
Disclaimer:The information on this page is provided for educational and informational purposes only. It does not constitute legal advice and should not be relied upon as such. The success probability ranges are editorial assessments based on public case law and do not guarantee any particular legal outcome. Consult a licensed attorney for advice specific to your situation. The attorneys listed on the advocacy page represent the Texas hemp industry coalition and are not retained by Reggie & Dro LLC for individual legal representation. No attorney-client relationship is created by viewing this content.