New consumable hemp rules from the Texas Department of State Health Services are officially in effect, and the biggest change comes down to how THC is measured, according to an expert from Rice University’s Baker Institute for Public Policy.
Hemp products must now contain no more than 0.3% total THC by dry weight. Before, the limit applied only to delta-9 THC, so the update effectively bans high-THCA hemp flower, said Katharine Neill Harris, the Alfred C. Glassell III Fellow in Drug Policy at the Baker Institute.
“The ban on THCA flower will likely push some consumers back to the illicit market, while others may shift to products that remain legal, especially hemp-derived drinks and edibles,” Harris said. “At the same time, the new rules impose stricter testing, packaging, labeling and batch-tracking requirements intended to improve product safety and make it easier to trace products associated with adverse reactions.
“Notably, Texas still allows consumable hemp products to contain converted cannabinoids, including delta-8 THC, THCP and HHC, in intoxicating amounts. That raises a separate safety concern. While much of the focus has been on potency and intoxication, chemically converted cannabinoids may expose consumers to residual solvents, acid or other by-products created during the conversion process. In that respect, the crackdown on THCA flower may steer some consumers toward products that are just as intoxicating and potentially carry additional health risks.”
Texas is the latest state to tighten its hemp rules. A Baker Institute analysis of state laws found that many states have already moved to restrict intoxicating hemp products, including by banning chemically converted cannabinoids and limiting hemp products to nonimpairing amounts. At the federal level, a separate change narrowing the definition of hemp is scheduled to take effect Nov. 12. Taken together, these developments point to a broader shift away from loosely regulated hemp markets and toward stricter controls, even as more states continue to expand tightly regulated marijuana markets.