TX | SOUTHWEST
Texas
TLDR
Texas legalized hemp in 2019 (HB 1325) but unelected bureaucrats at DSHS are trying to ban it through administrative rulemaking after the Legislature rejected three separate ban bills. Smokable hemp restricted as of March 31, 2026. Edibles/tinctures/topicals still legal. TROs filed. 200K wrongful arrests.
Legal Status at a Glance
Regulatory Body
Texas Department of State Health Services (DSHS) / HHSC
Official Website →Licensing: Compassionate Use Program only (CURT — very limited)
Key Legislation
Texas Hemp Farming Act
Legalized hemp and hemp-derived products in Texas with 0.3% Delta-9 THC limit.
Total THC Ban Attempt
Would have imposed Total THC standard. Rejected by Texas Legislature.
Hemp Product Restrictions
Attempted additional restrictions on hemp products. Rejected.
Hemp Regulatory Expansion
Attempted to expand DSHS authority over hemp products. Rejected.
Governor Abbott Executive Order
Directed DSHS to regulate hemp product SAFETY and keep from minors. Did NOT authorize redefining hemp.
Administrative Total THC Rules
DSHS attempting to impose Total THC standard through administrative rulemaking — bypassing Legislature.
Current Events (2025-2026)
- ●THBC filed TRO against March 31 rules (2026)
- ●HHSC Commissioner Muth pushing Total THC rulemaking
- ●DSHS license fee hike: retail $155→$5,000, manufacturing $258→$10,000
- ●Over 200,000 wrongful arrests due to false-positive field testing
- ●80% of hemp arrests affect Black and Brown Texans
- ●Legislature rejected SB 3, SB 5, SB 6 — agencies attempting end-run
History Highlights
2019: HB 1325 legalizes hemp in Texas
2020: Hemp industry grows to 50,000+ TX jobs
2024: GA-56 executive order
2025: SB 3/5/6 rejected by Legislature
2026: DSHS rulemaking attempts Total THC ban, TROs filed
How This Connects to Our Policy
HOME STATE. TTSA was written specifically for Texas. Every section addresses a Texas-specific issue: testing standards, fee hikes, separation of powers, criminal justice reform. Jesse Niesen holds DSHS License #690.
Key Court Cases
Hemp company challenged DSHS enforcement actions against THCA flower, arguing DSHS exceeded statutory authority under HB 1325 by treating THCA as equivalent to Delta-9 THC.
Key test of whether DSHS has authority to regulate THCA absent explicit legislative mandate.
Texas Hemp Business Coalition filed TRO against March 31, 2026 DSHS Total THC rulemaking, arguing agency exceeded authority granted by HB 1325 and GA-56.
Direct challenge to administrative Total THC standard. GA-56 authorized safety regulation, not hemp redefinition.
Hemp company challenged municipal ordinance banning hemp sales. Court ruled for Hometown Hero — local ordinances cannot override state hemp law (HB 1325).
Establishes state preemption of local hemp bans in Texas.
Legal Defense Arguments
Key arguments available to hemp businesses and consumers in Texas.
HB 1325 Delta-9 Only Standard
strongHB 1325 explicitly adopted the federal Farm Bill definition: hemp is cannabis with Delta-9 THC concentration of not more than 0.3% on a dry weight basis. THCA is NOT Delta-9 THC. The Legislature considered and rejected Total THC bills (SB 3, SB 5, SB 6) — proving legislative intent to maintain the Delta-9 only standard.
Authority: Tex. Health & Safety Code § 443.001; 7 U.S.C. § 1639o; SB 3/5/6 rejection (89th Legislature)
Separation of Powers — Agency Cannot Override Legislature
strongDSHS is attempting through administrative rulemaking what the Legislature explicitly rejected three times. Under Texas Government Code § 2001.038, agencies cannot adopt rules that exceed statutory authority. GA-56 directed DSHS to regulate SAFETY, not redefine hemp.
Authority: Tex. Gov't Code § 2001.038; GA-56; Railroad Commission v. Texas Citizens for a Safe Future (2021)
Farm Bill Federal Preemption
strongThe 2018 Farm Bill (7 U.S.C. § 1639o) defines hemp using Delta-9 THC only and explicitly protects interstate commerce in hemp. States may regulate but cannot ban what federal law defines as legal agricultural commodity.
Authority: 7 U.S.C. § 1639o; Supremacy Clause (U.S. Const. Art. VI, cl. 2)
Due Process — Fee Hike as De Facto Ban
moderateDSHS proposed fee increases from $155→$5,000 (retail) and $258→$10,000 (manufacturing) constitute a de facto ban on small businesses, violating substantive due process.
Authority: Tex. Const. Art. I, § 19; Patel v. Texas Dept. of Licensing (2015)
Equal Protection — Discriminatory Enforcement
moderateOver 200,000 wrongful arrests with 80% affecting Black and Brown Texans. False-positive field tests cannot distinguish hemp from marijuana.
Authority: Tex. Const. Art. I, § 3a; U.S. Const. Amend. XIV
November 12, 2026 Federal Cliff Impact
CRITICAL. If the Farm Bill expires Nov 12, 2026 without reauthorization, DSHS gains full authority to impose Total THC standard with no federal preemption defense. Texas's $2B+ hemp industry (50,000+ jobs) faces overnight elimination. The Legislature must act before November or the industry dies by administrative fiat.
Federal Preemption Analysis
STRONG while Farm Bill is active. HB 1325 adopted the federal definition verbatim. DSHS Total THC rulemaking directly conflicts with federal Delta-9 only standard (7 U.S.C. § 1639o). Texas submitted a USDA-approved hemp plan using Delta-9 only — DSHS cannot impose a stricter standard than the state's own USDA-approved plan without amending it.
References & Sources
- HB 1325 Full Text →
- DSHS Consumable Hemp Program →
- THBC →
- GA-56 Executive Order →
- Sky Marketing v. DSHS (Travis County) →
Last verified: 2026-04-01. Not legal advice. Consult an attorney for your specific situation.
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