Jax Finkle, the Executive Director of Texas NORML, says this ban includes pre-rolls (CBD joints) and vapes, which will lead to a significant hit to those businesses selling CBD products. “1700 commenters gave feedback requesting that they not restrict that sales portion because for some of these businesses, that can be up to like 50% of their sales.” Finkle says she expects lawsuits to be filed on the matter as well as legislation to legalize smokable hemp to be filed during the 2021 Legislative Session.
The reasons commenters gave for opposition to the prohibition of the retail sale of smokable hemp products contained included:
• A deleterious effect on the overall Consumable Hemp Product business in Texas, particularly on those businesses already selling the products.
• A negative impact on individuals who depend on smoking for rapid delivery of cannabidiol (CBD) to relieve medical conditions.
• Lack of authority for DSHS to include the retail ban in the proposed rule when it was not included in the language of Texas Health and Safety Code, Chapter 443.
• Lack of constitutionality under the Texas Farm Bill.
Finkle says according to the new HHSC rules people will still be able to get access to tinctures, topicals, edibles, drinks, and also loose flowers.