Texas Hemp Is Under Attack — What’s Happening, Why It Matters, and How You Can Help

The Texas hemp industry — and the freedom of Texans to choose plant-based relief — is facing one of its most critical moments yet.
Over the past several years, hemp has become an essential part of wellness, recovery, and daily life for millions of Texans. It supports thousands of small businesses, provides jobs across the state, and gives consumers access to alternatives that many rely on for sleep, pain management, anxiety relief, and overall balance.
Now, a combination of state rulemaking, federal legislation, and ongoing court battles threatens to undo that progress.
This post breaks down what’s happening, what’s at stake, and how you can take action to protect hemp in Texas and nationwide.
​

DSHS Proposed Rule Changes: A Direct Threat to Texas Hemp
The Texas Department of State Health Services (DSHS) has released proposed rule changes that would dramatically reshape — and in many cases effectively ban — the hemp industry in Texas.
Public Comment Is Still OpenDSHS is currently accepting written public comments through January 25, 2026.
This is one of the most important opportunities Texans have to make their voices heard. Public comment is not a formality — agencies are legally required to review and consider these submissions when finalizing rules.
If you have not submitted a written comment yet, now is the time.
Hemp-derived relief, consumer choice, and the livelihoods of countless Texans are at extreme risk.

---

Proposed Rules We Strongly Oppose.
Redefining THC to Include THCA(Proposed Rule Section: 300.301
One of the most alarming changes is DSHS’s proposal to redefine THC to include THCA.
While THCA is non-psychoactive in its raw form, this redefinition would effectively ban all THCA flower in Texas.
This matters because:

• THCA flower is a legal, federally compliant hemp product
• It is a preferred option for many Texans seeking whole-plant relief
• It represents a significant portion of the Texas hemp market

Texas hemp businesses already lost vapes in September 2025. Eliminating flower would be devastating — not just for retailers like ZAR Wellness, but for farmers, manufacturers, employees, and consumers across the state.
This change would function as a backdoor ban, not a safety-driven regulation.
2. Extreme Licensing Fee Increases(Proposed Rule Section: 300.502
DSHS is also proposing massive licensing fee increases:

• Retail License: $20,000 per location
• Manufacturing License: $25,000

These fees would price out nearly every small and mid-sized hemp business in Texas.
Instead of supporting responsible operators who invest in testing, transparency, and consumer education, these fees would:

• Eliminate local businesses
• Consolidate the industry under large corporate entities
• Reduce consumer access and choice

This is not smart regulation. It is economic exclusion.

Why Calling the Governor Matters
In addition to submitting written comments to DSHS, calling Governor Greg Abbott’s office is critical.
Governor Abbott:

• Is up for reelection in 2026
• Vetoed SB 3 during the 2025 regular session
• Cited concerns that mirror many of the issues now appearing in the DSHS proposed rules

Much of the language in these proposed rules — including THCA bans and excessive licensing fees — is pulled directly from SB 3.
Texans must remind the Governor:

• He vetoed SB 3 for a reason
• Rulemaking should not be used to implement the same ban
• Texas deserves smart, balanced regulation — not prohibition

If necessary, we must ask the Governor to step in again to protect the Texas hemp industry.
​

Federal Update: HR 7010 and the Hemp Ban Extension
At the federal level, hemp continues to face challenges as well.
What Is HR 7010?HR 7010 is a bipartisan bill that would extend the hemp-ban language included in the federal budget for three years instead of one.
While this may sound counterintuitive, this extension is actually being supported by major hemp and farmer organizations — including national hemp coalitions and groups like the U.S. Hemp Roundtable — because it provides time.
Time to:

• Fight harmful language
• Educate lawmakers
• Push for smart federal regulation instead of rushed prohibition

​If passed, HR 7010 would give the industry breathing room to protect farmers, retailers, and consumers nationwide.
This is why contacting your federal representatives and asking them to support HR 7010 is so important.

---

Sky Marketing (Hometown Hero) v. State of Texas: Why This Case Matters
Another major development is the long-running legal case involving Sky Marketing, also known as Hometown Hero.
Background: In 2021, DSHS issued a notice attempting to ban Delta-8 THC. Sky Marketing sued, arguing that:

• DSHS exceeded its authority
• Proper rulemaking procedures were not followed

The case has been held under injunction for years — until now.
Where Things Stand

This week, the case reached the Texas Supreme Court, where opening arguments were heard.
A ruling could take 30 days or more, but the outcome could have wide-reaching implications for the Texas hemp industry.
This case is not about whether THC should exist. It’s about:

• How much authority state agencies actually have
• Whether they can effectively ban products without following required processes

The decision could shape how hemp is regulated in Texas for years to come.
​

This Fight Is Exhausting —
And That’s the Point
We won’t sugarcoat it: this is exhausting.
Between DSHS rulemaking, federal legislation, court cases, and constant policy shifts, it can feel overwhelming. That pressure is intentional.
When advocates are stretched thin, it’s easier for harmful policies to slip through unnoticed.
We cannot allow that to happen.
This fight is bigger than hemp.
Bigger than THC.
Bigger than cannabis.
It’s about:

• Personal freedom
• Small businesses
• Access to wellness options
• Texans’ right to choose what works best for them

That’s why we need everyone’s help — not just once, but consistently.


Talk to people in our stores.
Share information with friends and family.
Submit comments. Make calls. Stay engaged.

---

Voting Matters: Keep Hemp in Mind at the Ballot Box
Policy does not happen in a vacuum — it is shaped by who we elect.
Key Dates to Know

• Voter Registration Deadline: February 2
• Early Voting Begins: February 17
• Primary Elections: March

If you are not registered to vote, register now.
If you are registered, double-check your status — redistricting has caused some Texans to be required to re-register.
When you vote, keep hemp and cannabis in mind. Support candidates who believe in:

• Smart regulation
• Small businesses
• Personal freedom and consumer choice

By:  Skye Weatheread