Last Wednesday, a sudden push to introduce tougher rules on hemp products in Texas set off a flurry of activity among local retailers. Staff at Austin Vape & Smoke, a store in South Austin, quickly rallied to spread the word, urging customers and colleagues to contact their lawmakers and oppose any strict limits or bans on hemp-derived THC products.
Zaquiri Hensen, the store’s manager, kept a close eye on the Texas House livestream, waiting to see what would happen on the House floor. Relief came late that night when Lt. Gov. Dan Patrick announced that the Senate would end the second special session without passing any new restrictions or a ban on consumable hemp goods. This decision means that, for now, hemp-derived products like gummies, flower buds, and drinks can still be sold legally at places like convenience stores and smoke shops throughout Texas.
This relief followed months of uncertainty and debate. Earlier in the year, lawmakers held hearings and discussions, with Governor Greg Abbott even vetoing a bill that would have completely banned hemp in June. Despite the absence of a ban, the debate is far from over. Patrick remains a strong supporter of a total ban, mainly citing concerns over protecting children from these products. Earlier attempts to pass laws setting a minimum purchasing age for THC products also stalled, leaving retailers to set their own age limits.
Many stores, including Austin Vape & Smoke, have already set their age limit at 21, matching the tobacco purchase age raised back in 2019. They also emphasize quality control, knowing that bad products hurt business and trust. But even without a full ban, some parts of the hemp market, like THC vape products, have been affected by other state rules. Vape pens, including ones with nicotine, were banned sale this year if they look like common school items. This has led some customers to leave stores empty-handed when they can’t find their preferred vape products.
Besides the challenges for hemp retailers, the medical marijuana industry in Texas is also feeling the effects of state policy shifts. Texas started its medical marijuana program in 2015, but it remains limited to patients with certain conditions and a small group of dispensaries. Despite being federally illegal without prescription, medical marijuana businesses have pushed for more clarity and fairness in how hemp and marijuana products are regulated. Some in the medical cannabis field believe both industries should be regulated in similar ways given their similarities.
Though the legislative turmoil has paused some expansion plans—like opening new store locations and hiring more staff—the hemp industry still finds a way forward. Advocates point to existing state laws and the ongoing work of health authorities to oversee the market, though funding and enforcement remain challenges.
Meanwhile, marijuana advocacy groups are hopeful. After years of campaigning, they see new conversations opening about legalizing recreational marijuana in Texas. “We’re moving in the right direction,” said Heather Fazio from the Texas Cannabis Policy Center, noting the value of ongoing talks with lawmakers.
For now, the Texas hemp industry can breathe easier. With no total ban passed, stores will keep selling their products, though the fight over age limits, product safety, and regulation is far from finished. Customers and companies alike will be watching closely as the debate continues in the months ahead.