Cannonballs at the Alamo (Our Texas Hemp Industry)
On February 20, 2025, two significant regulatory shifts are set to take effect in Texas: the release of Senate Bill 3 (SB3) and the initiation of an intensified inspection protocol under the Texas Department of State Health Services (DSHS) Consumable Hemp Program. While these developments may seem unrelated at first glance, the coinciding timing of their implementation raises critical questions about their potential connection and underlying intent.
The DSHS Consumable Hemp Program Crackdown
Simultaneously, DSHS has announced a wave of inspections targeting consumable hemp manufacturers and retailers. According to an official communication dated February 20, 2025, DSHS has encountered increasing resistance from industry participants regarding inspections. In response, the agency has reaffirmed its authority under Texas Health and Safety Code (HSC) Chapter 431.042, which grants it broad oversight powers, including license revocations and civil penalties up to $25,000 per day.
Notably, the inspections will focus on verifying compliance with pre-existing regulations, and businesses refusing to cooperate risk severe penalties. Given that hemp regulations have remained relatively stable over the past few years, the sudden urgency in enforcement—just as SB3 comes into play—suggests more than mere coincidence.
Conspiracy to Bully . . . an Industry?
The concurrent implementation of SB3 and heightened hemp inspections prompts speculation about whether this is a coordinated effort to reshape the industry landscape. While SB3 introduces new provisions that necessitate increased scrutiny, industry leaders are jumping ship and starting to take sides in the future of the consumable hemp market.
Interestingly enough, today Friday the 21st amidst the industry already noticeably shaken by these two initiatives from Texas authorities; Bayou City Hemp Co. released a flyer in its Capitol visit today agreeing that lawmakers should ban all Smokable Hemp Products.More concerning, is that members of Bayou City Hemp Co. are also part of the Texas Hemp Coalition whose stated goal is to keep these products legal.
Official statement was released the following Tuesday. (UPDATE)
“As an executive board member of the Texas Hemp Coalition, Bayou City Hemp does NOT speak on our behalf nor do we support their efforts to sabotage an entire industry we are all here to protect. An official statement will be made soon.” – Jake Garry stated in an industry stakeholders WhatsApp forum this afternoon.
It is perhaps in lue of the company’s interest and position in its beverage expansion that it no longer needs to support the flower market. Drink brands from Bayou City Hemp have now collaborated with Spec’s Wines, Spirits & Finer Foods and its 238 locations as of March of last year. Now that they are seeking national partners like Total Wine and others it looks like Texas retailers will now have to fend for themselves in the cannon-fire of the 89th Legislature.
While the Alamo (our industry)remainsunder enemy fire, we might be seeing notable differences in lobby teams’ goals with different opinions and strategies. The Texas Business Council is doing their best to work with members of the house and seems to have a good deal of support from many state Hemp Businesses. The move from Bayou City Hemp Co to take sides on the issue against smokable hemp flower is sudden since, traditionally, its leaders have been board members of the Texas Hemp Coalition. I know all these players as I too was a member of that same Board in 2023!
With DSHS Inspections and more bills being filed; the contents of SB3 this week is not a shocker . . . in that we all knew it was seeking the bidding of Dan Patrick’s goal to ban these products. SB3, is filed, which would create criminal offenses for manufacturing, selling, AND possessing hemp products. The first cannon-balls have been fired and the walls of the Alamo (our industry) has shown some cracks and even division amongst her ranks. However, Mark Bordas, Executive Director of Texas Hemp Business Council has stated before “We are early in this fight. We just need to end up on top.”
As the cannon-fire will continue to volley back and forth in the next 100 days of the 89th Texas Legislature in the fight for legal Hemp, you can be sure our team at the Texas Hemp Reporter will be in the thick of its coverage. In the words of Sam Houston “Remember the Alamo”
