Texas legalized the sale of hemp-derived products in 2019, and 111 retailers are registered to sell them in Cy-Fair today compared to 24 in Tomball, 78 in Katy and 79 in Spring, according to the state health department. But Lt. Gov. Dan Patrick said efforts to ban all forms of THC are underway in Texas as some retailers have “exploited” state law.
“Since 2023, thousands of stores selling hazardous THC products have popped up,” he said in a Dec. 4 news release. “Many sell products ... [with] three to four times the THC content which might be found in marijuana purchased from a drug dealer.”
Analytics firm Brightfield Group reported sales of intoxicating hemp-derived cannabinoids delta-8 and delta-9 THC spiked 1,283% nationally from 2020-23.
Nico Richardson, CEO of Texas Original medical marijuana supplier, said 1,948 Texas stores sold hemp products in 2020. The state has over 7,970 registered hemp retailers today.
Hemp-derived products found at retail stores today tend to be more potent, accessible and affordable than what’s offered in the state’s medical marijuana program, Richardson said.
The Compassionate Use Program had over 100,000 patients registered as of November, according to the Texas Department of Public Safety. After the Texas Legislature approved the program in 2015, it launched in late 2017 for patients with conditions such as cancer, epilepsy, multiple sclerosis and post-traumatic stress disorder.
“The only difference between medical marijuana in this state and intoxicating hemp is that one is heavily regulated, and the other is not,” Richardson said at a May 29 Texas Senate hearing to review Patrick’s interim charges, including one regarding the sales of delta-8 and delta-9 in Texas.
Terms to know
- CBD: Cannabidiol is derived from the cannabis plant but does not have psychoactive properties. It is marketed to treat pain, anxiety, insomnia and more.
- Delta-9: Consumable hemp products with less than 0.3% delta-9 tetrahydrocannabinol are legal in Texas after the passage of House Bill 1325 in 2019.
- Delta-8: The chemical structure is similar to delta-9, but a lawsuit to determine its legality is pending at the Texas Supreme Court. Delta-8 was not specifically mentioned in HB 1325.
In 2018, the federal Farm Bill was signed into law, legalizing industrial hemp production. The following year, Texas passed House Bill 1325 to outline the regulation of hemp production and products with a concentration of 0.3% THC or less.
This bill was in part intended to bolster Texas agriculture, Patrick said. However, Richardson said most hemp products sold in Texas come from out of state.
“Our state regulators have no jurisdiction over out-of-state labs and therefore no ability to verify test results,” Richardson said. “With more than 7,000 retailers and thousands of out-of-state products being shipped into Texas every day, it’s near impossible to confirm the accuracy of out-of-state lab results.”
State officials at the May 29 hearing said while they have the authority to inspect hemp manufacturers and retail registrants in Texas, product testing is expensive, and it would take years to reach every retailer with current staffing.
- 2015: Texas passes Senate Bill 339, which launched a medical marijuana program in 2017
- 2018: Federal Farm Bill passes, legalizing the commercial production of hemp
- 2019: Texas passes House Bill 1325, legalizing the sale of hemp-derived products with less than 0.3% THC
- 2021: Texas Department of State Health Services attempts to ban delta-8; the case is awaiting a final decision from the Texas Supreme Court
- 2024: Lt. Gov. Dan Patrick announces intentions to ban all THC products in Texas
- 2025: 89th Texas Legislature convenes Jan. 14-June 2
HB 1325 did not specify an age requirement for purchasing consumable hemp products. Betsy Jones, director of policy and strategy at Texans for Safe and Drug-Free Youth, said just because these products are easily accessible for teenagers and young adults doesn’t mean they’re safe.
Candies, snacks and flavored vape products often come in packaging children might find attractive, she said. But with similar effects to traditional marijuana, Jones said they may lead to higher rates of depression and anxiety, psychosis, addiction, impairment, and emergency room visits.
“We don’t know the short-term or long-term harms of the products, so we can’t adequately regulate them,” Jones said. “And we have evidence that bans do work as long as they’re comprehensive in that we’ve closed all the loopholes and they’re enforced.”
In testimony to the Texas Senate on behalf of the Texas Medical Association, Texas Pediatric Society and Texas Public Health Coalition, Austin-area physician Dr. Robert Emmick said he believes there’s not enough research to know how these products impact adolescents.
In the meantime, delta-8 and delta-9 products should be considered unsafe for youth, he said, as teenagers and young adults could be at higher risk for developing substance use disorders.
“Kids can get [cannabis products] in all kinds of places—grocery stores, convenience stores, ... literally across the street from schools in some cases," Jones said.
These three organizations made several recommendations to lawmakers, including:
- Establish a minimum age requirement of 21 to purchase delta-8 and delta-9.
- Require child-resistant packaging.
- Bolster testing systems to ensure 0.3% THC guideline compliance.
- Establish safety monitoring strategies and research to detect health outcomes.
“There’s different things that I feel like our products do for people that if you try to outlaw these products, it’s going to be more harm than good," Martinez said.
In 2019, local siblings Kyle Williams and Jennifer Gilleland opened Herban Healing in Cypress shortly after CBD products were legalized nationally. As legal THC grew in popularity, they shifted to focus on supplying CBD to hospice care facilities.
Gilleland said she’s glad they pivoted as she anticipates changes coming to the industry in the 89th legislative session. While CBD would still be legal, Williams said the retailers currently offering legal THC products would suffer financially.
“You won't see it in any [convenience] store anymore. Those shelves will be taken off. ... I know it's going to hurt a lot of people because if you walk into a lot of these stores around here, that's one of the big sellers,” he said.
