New Texas THC rules to go into effect Friday
DALLAS - New THC rules are set to go into effect Friday in Texas after months of court battles over the new rules.
What we know:
The so-called "Total THC" rules were supposed to take effect March 31, but have been paused several times since then through court injunctions. In May, the Texas Supreme Court ruled in an essentially unanimous decision that the Department of State Health Services has broad authority to regulate substances.
The ruling allowed officials to move ahead with plans to enforce the new rules while lawsuits about them play out. The rules were initially adopted in 2021 before years of court battles pushed back enforcement.
At the heart of the new regulations a 0.3% THC limit for consumable hemp products. The rules also required testing as well as child-resistant packaging and testing. Licensing fees for retailers were also hiked from about $250 to $10,000 in some cases.
Delta-8, Delta-10, and several related THC products are affected by the ban.
Kaab Malik, owner of iVape ATX, reaches for a strain of smokeable hemp at his shop on Guadalupe Street in Austin, Monday, March 30, 2026. (Mikala Compton/The Austin American-Statesman)
Delta-9 products are exempt due to state and federal laws allowing them in a naturally occurring form, provided that they don't exceed the .3% by dry weight.
What they're saying:
"It’s going to be 50 up to 70% of what their product offerings are, are no longer compliant."
Sarah Wood works with the Texas Cannibas Policy Center, which opposes the new restrictions.
"These policies make our citizens less safe and free. Recriminalizing cannabis empowers the illicit market and puts regulated companies out of business."
Wood says licensed sellers already comply with strict testing and labeling requirements, and the new rules could push customers to buy unregulated THC products.
The other side:
The Texas Medical Association, including their President, Dr. Bradford Holland, MD, approve of the new regulations.
"Even last year, about 544 calls to our poison control center with children under the age of five ingesting these substances. So it is a public control, public health issue," Holland tells FOX 4's Casey Stegall.
Dr. Holland doesn't dismiss the potential for THC use in medicine, but says products vary widely in strength, which should result in more oversight.
"There needs to be much more regulation and testing before we make any higher levels available. But frankly, we're very comfortable with the current law as it's going to be enacted."
What's next:
Texas Lt. Gov. Dan Patrick has already charged a state Senate committee to begin studying "the impact of THC on increased health care costs, mental health emergency detentions, and the risk of being diagnosed with a THC-induced psychotic disorder."
The legislative session begins Jan. 12.
The Source: Information in this story comes from FOX 4 reporting.