Texas set to ban smokeable cannabis as soon as Jan. 25

OG article by Nathan Bernier, KUT

January 14, 2026

The Texas Department of State Health Services (DSHS) has proposed regulations for the hemp industry that could take effect as early as January 25, 2026, effectively banning smokeable cannabis products such as THCA flower and extracts. This follows Governor Greg Abbott's September 2025 executive order after legislative gridlock and his veto of a THC ban bill. The rules mandate child-resistant packaging, enhanced warning labels, expanded contaminant testing, recall procedures, and sharp fee increases—from $250 to $25,000 annually for manufacturers and $150 to $20,000 per location for retailers. Edible hemp products with Delta-9, Delta-8, and similar cannabinoids would remain permitted but require dosing instructions, warnings, and lab test links for heavy metals, pesticides, and microbes. THC calculations now include THCA, pushing most smokable hemp over Texas's 0.3% Delta-9 limit. More than 9,100 retailers sell these items, with an existing under-21 sales ban. Public hearing feedback was divided: small business owners decried the fees as eliminationist, while supporters like pediatricians pushed for stricter youth protections. DSHS may adjust based on comments, potentially delaying enforcement. The changes spare Texas's medical marijuana program.