Can you still order smokable hemp online in Texas?

Key Points:

• Texas has banned the sale of smokable hemp flower, extracts, and other smokable cannabis forms as of April 23, following new regulations by the Department of State Health Services (DSHS), though possession remains legal and Austin police have not changed enforcement practices.
• The new rules redefine THC calculations by including THCA as 88% Delta-9 THC, effectively banning most smokable hemp products, which represent about half of the Texas hemp market; however, hemp edibles and drinks remain legal due to easier compliance with THC limits.
• State regulators prohibit the shipment of smokable hemp products into Texas, but legal experts consider enforcement of this ban on online orders to be uncertain and difficult, citing federal protections on hemp transportation under the 2018 Farm Bill.
• Businesses face significant compliance challenges, including steep fee increases (retailers now pay $5,000 annually per location) and stricter packaging and testing requirements, which industry leaders warn could drive sales and jobs out of Texas.
• The Texas Hemp Business Council plans to challenge the new regulations in court, seeking a temporary restraining order and arguing the rules impose excessive fees, paperwork burdens, redefine THC improperly, and interfere with interstate commerce.