LEAGUE CITY, Texas (KTRK) — New rules go into effect on Tuesday, March 31, for smokable hemp products that have been sold at local stores for years.
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“Right now, anything you see on my shelves I’m pretty sure has gotta go,” Kenneth Berner, the owner of Burners in League City, said. “In the evening, we’ll strip everything off our shelves.”
Berner opened Burners in League City five years ago.
“It is my real last name,” he laughed.
But his name won’t save his business from the possible financial impact of the Texas ban.
“It’s devastating, really. 70% of our business is going to be gone with their new rules, and it makes you wonder what is going on, because it’s not like they can’t get those products,” he said. “Those products are still legally available to them online as long as the company isn’t based in Texas.”
Marijuana is still illegal in the state of Texas, but this discussion is over hemp.
Texas lawmakers legalized the substance back in 2019, and many hemp products can get you high.
Last year, Governor Greg Abbott vetoed a bill that would have banned all THC products, instead asking state agencies to regulate the industry.
This change, starting Tuesday, is part of that regulation.
Under new state rules, Texas businesses won’t be able to sell any smokable hemp products, which means no hemp flower or pre-rolled joints.
Licensing fees will also increase from $258 to $10,000.
Customers like Katherine Trippodo said they won’t stop smoking, saying instead they’ll just stop buying in the state.
“I deal with a lot of anxiety and generalized pain. I’ve had two kids, so it helps out a lot,” she said. “Guess I’ll have to be buying it online.”
These new rules don’t apply to edible THC products and drinks with THC. Those items will have to be repackaged with more information on the labels, but you’ll still be able to buy them at stores in Texas.
Legal experts say the law adds to an already complex and inconsistent landscape.
“There’s wide confusion in this area of law,” Brian Foley, a criminal defense attorney in Houston, said.
He said his office has already received calls from licensed sellers who claim they have been arrested despite complying with existing regulations.
Enforcement of THC-related laws can vary widely depending on location, Foley said. Some counties, including Harris County, have not prosecuted lower-level hemp cases, while others take a stricter approach.
“In Montgomery County and Conroe, they prosecute even THC vape cases as felonies,” he said.
Foley added that some defendants may be able to rely on a legal defense known as “mistake of law,” particularly if they believed they were operating within state guidelines.
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