Texas Hemp Rule Update: THCA Flower Will Be Removed From the Market March 31 2026
The Texas Department of State Health Services (DSHS) has officially adopted new hemp rules under 25 TAC Chapter 300, and we now have confirmation of the timeline.
The rules were adopted on March 2, 2026 and are scheduled to take effect March 31, 2026.
This means March 30 will be the final day THCA hemp flower can legally be sold in Texas.
Online orders must be placed before midnight Central Time on March 30, and retail sales must end at the close of business on March 30.
After that date, products that exceed the new THC calculation rules will no longer be allowed to be sold in Texas.
The Biggest Change: THCA Now Counts Toward Total THC
The most significant change in the new rules involves how THC is calculated in hemp products.
Under the updated regulations, THCA must now be included in the calculation of total THC.
This matters because THCA converts into Delta-9 THC when heated. Under previous interpretations, many hemp products — especially THCA hemp flower — were compliant because laboratories measured only Delta-9 THC levels.
With THCA now included in the calculation, most THCA hemp flower exceeds the legal limit of 0.3% total THC by dry weight.
As a result, THCA hemp flower and many high-THCA smokable concentrates will no longer be allowed to be sold in Texas once the rules take effect.
For many consumers, this will be the most noticeable change resulting from the new regulations.
The Good News: Delta-9 THC Edibles, Drinks, and Oils Should Remain Legal
While THCA smokable products will be removed from the Texas market, many other hemp-derived THC products are expected to remain available.
Products that are already formulated to comply with the federal hemp definition — less than 0.3% Delta-9 THC by dry weight — should continue to be allowed under the new rules.
This includes products such as:
• Delta-9 THC gummies and edibles
• THC beverages
• THC tinctures and oils
• THC capsules
• THC topicals
Because these products are already designed to stay below the Delta-9 THC limit established under House Bill 1325, they are not expected to be impacted by the THCA calculation change.
In other words, even though THCA hemp flower is being removed from the market, Texans will still have access to legal THC products through edibles, beverages, oils, and other compliant formats.
Why the Rules Are Changing
The rule changes stem from Executive Order GA-56, issued by Greg Abbott in September 2025.
The executive order directed state agencies to strengthen oversight of consumable hemp products and address concerns related to product safety, labeling, and youth access.
While hemp remains legal in Texas, the new rules significantly expand how the industry is regulated.
Expanded Testing, Labeling, and Packaging Requirements
The new regulations also strengthen product safety and transparency requirements.
Manufacturers and retailers must now ensure products meet updated standards that include:
• Batch-specific Certificates of Analysis (COAs)
• Updated labeling and packaging requirements
• Child-resistant packaging
• Clear ingredient and serving size information
• A URL linking directly to the product’s COA
These changes are intended to improve transparency and give consumers better access to product information.
Higher Licensing and Registration Fees
Another significant change involves the cost of operating a hemp business in Texas.
Under the adopted rules:
• Manufacturers must pay $10,000 per facility annually
• Retailers must pay $5,000 per location annually
According to DSHS, these fees are intended to fund inspections, laboratory testing, enforcement actions, and coordination with agencies such as the Texas Alcoholic Beverage Commission (TABC) and the Texas Department of Public Safety (DPS).
For many small operators, these new fees represent a significant increase in the cost of doing business.
Age Restrictions and ID Verification
The rules also formally establish a 21+ age requirement for purchasing hemp products.
Retailers must verify identification before completing any sale or delivery.
This aligns hemp products more closely with the regulatory framework used for alcohol and tobacco sales.
Increased Inspections and Enforcement
The updated rules also expand enforcement authority.
Regulators now have greater ability to inspect businesses and investigate potential violations.
Enforcement may involve collaboration between multiple agencies, including:
• Texas Department of State Health Services
• Texas Alcoholic Beverage Commission
• Texas Department of Public Safety
These agencies may conduct inspections, compliance checks, and enforcement actions when necessary.
What This Means for Texas Consumers
The Texas hemp market is entering a new regulatory phase.
The most immediate impact for consumers will be the removal of THCA hemp flower and high-THCA smokable products from the market starting March 31.
However, legal hemp-derived THC products will still exist in Texas, particularly in formats that already comply with the federal Delta-9 THC limit.
Consumers will continue to have access to products such as:
• THC gummies
• THC beverages
• tinctures and oils
• capsules
• topicals
As the industry adapts to these new regulations, compliant products designed within the legal Delta-9 THC framework are expected to remain available.
Final Timeline
Key dates to know:
• March 2, 2026 — Rules adopted
• March 20, 2026 — Rules published in the Texas Register
• March 30, 2026 — Last day THCA hemp flower can be sold in Texas
• March 31, 2026 — New hemp rules take effect
We will continue monitoring developments and sharing updates as more guidance becomes available.
The Texas hemp landscape is evolving, but compliant hemp-derived THC products remain part of the market moving forward.
