Hemp shops brace for federal ban

Texas hemp retailers face a regulatory deadline that will remove many of their top-selling items from shelves next month. The federal ban takes effect on December 11, prohibiting the sale of hemp products containing more than 0.4 milligrams of THC per package. This rule targets the specific category of beverages and gummies that have remained legal under state rules, potentially eliminating a major revenue stream for local businesses before the new state leadership even takes office.

The timing creates a gap in oversight for the industry. Democratic State Rep. Vikki Goodwin defeated incumbent Lt. Gov. Dan Patrick in the recent election, winning 52 percent of the vote against Patrick’s 46 percent. Goodwin will preside over the State Senate starting in January, but her authority over legislation will not materialize until the Texas legislative session kicks off that month. The session typically runs until the end of the summer, meaning any state-level changes to hemp regulations likely will not take effect until September.

Shayda Torabi, owner of Restart CBD + THC, describes the current situation as a period of uncertainty for her business. Her company obtained its Texas license in 2019, shortly after federal legalization. Since then, the industry has dealt with a series of state restrictions. Torabi estimates that her store removed 50 to 60 percent of its inventory following recent bans on smokeable products and the reclassification of certain cannabinoids.

The regulatory tightening began in earnest during the 2025 legislative session. Dan Patrick championed a bill to ban all hemp products containing THC, citing safety and age concerns. Governor Greg Abbott vetoed that bill but directed the Department of State Health Services to create new rules. Those rules increased licensing fees, restricted marketing, and banned THCA flower. The Texas Supreme Court later upheld the department’s authority to reclassify Delta-8 and Delta-10 THC as controlled substances, further limiting retail options.

Goodwin campaigned on reversing these state-level actions. During a recent press conference, she stated the goal is to return the industry to its pre-DSHS rule status and then address regulation through legislation. Her office has met with store owners and retailers to discuss these priorities. Goodwin’s campaign highlighted Patrick’s 2025 press conference, where he questioned the safety of hemp products by tossing one toward reporters.

The federal ban complicates this state-level strategy. Torabi noted that consumers across the United States should expect THC and intoxicating hemp products to disappear from shelves on December 11. She acknowledged that state action will not be immediate. The new lieutenant governor will not be in office until January, and the legislative process will take months to complete. This timeline means the federal ban will be in force for several months before any potential state relief arrives.

Goodwin’s office has not yet responded to inquiries regarding her specific plan for hemp regulation. The industry is now waiting for the federal rule to take effect while hoping for a collaborative approach with the new Senate leadership.