Texas Hemp Businesses Face Enforcement of New Total THC Rule

The Texas Department of State Health Services (DSHS) has adopted a "Total THC Rule" that treats THCA as 88% delta‑9 THC, tightening restrictions on consumable hemp products such as smokable hemp flower. A lower‑court injunction issued in May blocked the rule, but an appeals court paused that protection, allowing the stricter standard to take effect. The Texas Fifteenth Court of Appeals recently denied an emergency request by a coalition of hemp businesses to keep the injunction in place, clearing the way for DSHS to enforce the rule while the underlying lawsuit proceeds.

The change threatens many small retailers; smokeable hemp products account for more than half of the Texas market. Lukas Gilkey, CEO of Hometown Hero and lead plaintiff, warned that the decision "is really going to impact the small stores." DSHS officials said a final decision on how to move forward has not yet been reached.