DALLAS, TX — A major shift in Texas hemp regulations has left local business owners reeling as new rules from the Department of State Health Services (DSHS) effectively ban the sale and manufacture of most smokeable hemp products, including the popular THCA flower.
As of March 31, 2026, the DSHS has implemented a "Total THC" calculation ($Total\ THC = (0.877 \times THCA) + Delta\text{-}9\ THC$), a move that renders the majority of raw hemp flower illegal by pushing it past the 0.3% legal limit.
Small Businesses Under Fire
The impact is already being felt by local entrepreneurs like Ashley Benton, co-owner of CBD Farmhouse. In a recent interview, Benton described the devastating effect these changes are having on her business and the broader community.
"Banning the THCA smokeables... that's about 55 to 60 percent of our business," Benton stated, highlighting the catastrophic loss of revenue many retailers are facing overnight.
In addition to the product ban, the state has significantly increased licensing fees. For a combined manufacturer and dispenser like CBD Farmhouse, annual fees have skyrocketed from under $500 to $15,000.
A Community in Mourning
Benton describes the atmosphere among Texas hemp business owners as one of "mourning." Beyond the financial toll, there is a deep concern for the workforce and the customers who rely on these products for wellness.
- Job Losses: Benton estimates that at least 2,000 people across Texas could be displaced as businesses struggle to stay afloat.
- Customer Impact: From teachers to the elderly, many constituents use hemp to manage pain, sleep, and anxiety.
- The "Small Business" Identity: "I’ve never felt more that Texas was not a fan of small business until now," Benton remarked, reflecting on the state's traditional pro-business reputation.
The Legal Landscape
While the ban is currently in effect, it is not without a fight. The hemp industry has launched legal challenges, arguing that the DSHS has overstepped its authority. However, for now, retailers are forced to pivot.
Haley Neveret, who works on the front lines at CBD Farmhouse, expressed her disappointment in the political shift. "I try to have hope... I think a lot of people want change and I think this is a bad move on our politicians' part."
What Remains Available
Despite the crackdown on smokeables, certain hemp-derived products remain legal in Texas, provided they adhere to the strict 0.3% Delta-9 THC limit by dry weight:
- Edibles & Beverages: Gummies and infused drinks.
- Topicals: Creams, lotions, and balms.
- Tinctures: Sublingual oils.
As the industry waits for potential relief from the courts or the upcoming mid-term elections, businesses like CBD Farmhouse are left to navigate a rapidly shrinking market, hoping their voices—and the voices of their customers—will eventually be heard.
Many small businesses, including CBD Farmhouse, close
