Texas is trying to ban smoking flower!

May 26, 2020

Last fall, we reported that draft rules proposed by the Texas Department of State Health Services (DSHS) would ban in-state retail sales of consumable hemp products intended for smoking, with a definition that includes vaping.

On Friday, DSHS moved forward with formally proposing these rules, including the following restriction:

§300.104.Manufacture, Processing, Distribution, and Retail Sale of Hemp Products for Smoking. The manufacture, processing, distribution, or retail sale of consumable hemp products for smoking is prohibited.

If adopted, these regulations would ban Texas businesses from selling hemp/CBD vape cartridges, cutting them out of this thriving market and pushing consumers to out-of-state retailers. It would also require that any hemp flower being sold be marketed for non-smokable purposes (making tinctures, oils, edibles, lotions, etc.). Prohibiting Texas companies from selling a product that is legal to possess and use in our state is bad for business and bad for our state. Learn more and submit public comment to oppose this regulatory overreach!

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