A Plant on the Rise—While Science and Law Race to Catch Up
Kratom (Mitragyna speciosa) continues to gain traction across Texas, appearing in smoke shops, wellness stores, and increasingly in functional beverages like lemonades and relaxation drinks.
Used for centuries in Southeast Asia, kratom is now part of a fast-growing U.S. market. But as demand rises, so does attention from regulators—and Texas is now at the center of that conversation.
Why Texans Are Turning to Kratom across the state, consumers report using kratom for:
Energy and focus
Stress relief and relaxation
Pain management
Alternatives to alcohol or opioids
At lower doses, kratom is often described as stimulating. At higher doses, it may promote calmness and relief, according to ongoing research referenced by federal health agencies.
And what does science says so far? Actually, federal researchers, including the National Institute on Drug Abuse (NIDA), say kratom can interacts with opioid receptors in a variety of unique ways.
It can produce both stimulant and relaxing effects, yet still has no FDA-approved medical use—yet
The Bottom line is that Kratom is not only promising, widely used—but also still being studied.
TEXAS LAW: LEGAL—BUT UNDER THE MICROSCOPE
Kratom is currently legal in Texas, but it is not a free-for-all. In 2023, lawmakers passed the Texas Kratom Consumer Health and Safety Protection Act. This law
limits certain alkaloid concentrations (including 7-OH), while bans synthetic additives, also aims to protect consumers from adulterated products.
This is a key point. Texas is not banning kratom—it’s trying to regulate it.
The Ken Paxton Lawsuit Targets “Bad Actors”—Not the Industry
Recently, Texas Attorney General Ken Paxton filed lawsuits against out-of-state companies accused of selling adulterated and synthetic kratom products into Texas.
According to the Attorney General’s office:
Some products allegedly contained extremely high levels of 7-hydroxymitragynine (7-OH) , others included synthetic compounds banned under Texas law
Lab testing reportedly found levels far exceeding the state’s legal limits; while Paxton stated his office is focused on stopping “potentially dangerous” and illegal products from entering Texas.
What This REALLY Means for the Industry?
This is the important distinction—and where the story changes, the lawsuit is not against kratom itself; it’s against companies violating Texas safety standards.
In fact, actions like this can strengthen the legitimacy of responsible brands, remove unsafe or synthetic products from the market, and build consumer confidence in compliant companies
like 1836 Kratom and Steading & Sons Mercantile can benefit. Because for Texas-based companies that follow potency limits, avoid synthetic additives, & focus on quality and transparency; it is this kind of self-enforcement that actually levels-up the playing field. It reinforces a simple message; “clean, compliant kratom has a place in Texas.”
The Bigger Picture . . . . Texas isn’t shutting Kratom down—it’s drawing lines around what’s acceptable.
Why the New DSHS Rules Demand Immediate Legal Challenge
The Department of State Health Services has finalized sweeping amendments to 25 Texas Administrative Code Chapter 300, the regulatory framework governing the manufacture, distribution, and retail sale of consumable hemp products in Texas. These revisions, adopted by the Texas Health and Human Services Commission, represent the most aggressive regulatory intervention in the hemp market since HB 1325 legalized the industry in 2019.
The agency presents these changes as a routine response to Executive Order GA-56 issued by Governor Greg Abbott on September 10, 2025, which directed regulators to strengthen age restrictions, testing standards, and compliance requirements within the hemp marketplace. What has emerged, however, is not a modest regulatory update. It is a sweeping administrative rewrite of the legal framework governing hemp commerce in Texas.
The record of the rulemaking itself reveals the depth of concern surrounding these changes. During the public comment period, DSHS received 1,421 comments from retailers, manufacturers, trade associations, advocacy groups, and individual citizens. The overwhelming majority opposed the proposed rules, warning that the measures would exceed statutory authority, impose crushing costs on lawful businesses, and destabilize a market that the Texas Legislature deliberately created. DSHS acknowledged these objections but largely dismissed them, adopting most of the rules substantially as proposed.
The final result is a regulatory package that raises serious constitutional, statutory, and administrative law concerns.
Administrative Overreach Masquerading as Regulation
HB 1325 was enacted with a clear and limited purpose: to establish a lawful marketplace for hemp products consistent with federal law. The statute authorized DSHS to regulate manufacturing, distribution, and retail sale of consumable hemp products. It did not authorize the agency to extinguish the industry through administrative maneuver.
Yet the newly adopted rules risk doing exactly that.
The amendments impose annual licensing fees of $10,000 per facility for manufacturers and $5,000 per location for retailers, dramatically increasing the cost of participating in the hemp marketplace. DSHS justified these increases as necessary to fund inspections, laboratory testing, administrative enforcement proceedings, and cooperative enforcement activities with the Texas Alcoholic Beverage Commission and the Department of Public Safety.
These are not minor adjustments. They represent a structural shift toward an enforcement-heavy regime that treats hemp businesses less like ordinary retailers and more like regulated vice industries. For small operators, particularly independent shops serving rural communities, the new fee structure alone may prove unsustainable.
The THCA Redefinition: A Regulatory End-Run Around the Legislature
The most consequential change lies in the agency’s redefinition of how THC content is calculated.
Under the amended rules, laboratories must calculate “total THC” by including tetrahydrocannabinolic acid (THCA) along with delta-9 THC, accounting for the chemical conversion of THCA into THC during heating.
At first glance, the change appears technical. In reality, it carries sweeping consequences for the marketplace.
Many hemp flower products sold lawfully in Texas contain THCA levels that exceed the 0.3 percent delta-9 THC threshold once conversion is taken into account. By redefining THC to include the theoretical conversion of THCA, regulators have effectively rendered large segments of the hemp flower market unlawful without any vote by the Texas Legislature.
This maneuver illustrates a classic form of administrative overreach. Agencies possess authority to interpret statutes and implement regulations. They do not possess authority to rewrite legislative policy decisions through regulatory interpretation.
A Compliance Structure Designed to Break the Market
The amended rules also impose an expansive network of compliance obligations across the entire hemp supply chain.
Manufacturers must conduct extensive testing for cannabinoid content, residual solvents, pesticides, heavy metals, and microbiological contaminants. Retailers must verify packaging compliance, maintain documentation, and ensure that every product meets detailed labeling requirements derived from federal food regulations.
The rules further authorize unannounced inspections by DSHS and the Texas Alcoholic Beverage Commission, and businesses must consent to these inspections as a condition of obtaining or maintaining licensure.
Taken individually, many of these provisions might appear manageable. Taken together, they create a dense regulatory architecture that will strain even well-capitalized operators. Smaller businesses, which form the backbone of the Texas hemp retail sector, may find the cumulative burden impossible to sustain.
The Political Context Behind the Rulemaking
These regulatory changes did not arise in a political vacuum.
For several years, prohibition-minded officials have attempted to frame hemp as a public safety crisis, despite the absence of credible evidence supporting such claims. Legislative attempts to impose sweeping bans have repeatedly encountered resistance from industry stakeholders and lawmakers who recognize the economic importance of the hemp market.
Faced with those obstacles, policymakers have increasingly turned to administrative rulemaking as an alternative route to impose restrictions that could not easily pass through the legislative process.
This approach carries an undeniable political logic. Regulations can accomplish quietly what legislation struggles to achieve publicly. But that strategy also carries legal risks, because administrative agencies remain bound by the limits of statutory authority.
When those limits are exceeded, the courts provide the proper forum for correction.
Why a Lawsuit Should Be Filed Immediately
The Texas hemp industry now faces a pivotal decision. Businesses can attempt to comply with a regulatory regime that threatens their economic survival, or they can challenge the legality of these rules in court.
A legal challenge is not merely justified. It is essential.
Several fundamental legal questions demand judicial review. One concerns whether DSHS exceeded the authority granted under Texas Health and Safety Code Chapter 443 by effectively redefining hemp through the inclusion of THCA conversion in total THC calculations. Another concerns whether the agency imposed regulatory burdens, particularly licensing fees and compliance requirements, that are disproportionate or unsupported by legislative authorization. A third concerns whether the rulemaking process itself complied with the procedural requirements of the Texas Administrative Procedure Act, which obligates agencies to provide meaningful justification for regulatory changes and to engage seriously with public objections.
These are precisely the kinds of disputes that courts exist to resolve.
The Industry’s Moment of Decision
Texas now stands at a crossroads.
One path leads toward a tightly restricted hemp market dominated by a small number of large operators capable of navigating an increasingly complex regulatory system. The other preserves the open, entrepreneurial marketplace that HB 1325 was intended to create when the Legislature legalized hemp production and commerce.
Moments like this test whether the rule of law remains meaningful in the face of administrative power. The courts exist precisely to address such questions.
For the Texas hemp industry, the moment for hesitation has passed. The rules have been written. Their consequences are already visible.
What remains is the willingness to challenge them.
While out-of-state vendors are not directly bound by the Texas Department of State Health Services (DSHS) retail ban, ordering THCA flower into Texas after
March 31, 2026, carries significant legal and practical risks.
Retail Ban Scope: The new DSHS rules specifically prohibit the manufacture, distribution, and retail sale of smokable hemp products (like THCA flower) within the state of Texas.
Out-of-State Loophole: Because DSHS regulations primarily govern Texas-licensed businesses, some out-of-state operators may continue to ship to Texas. However, Texas law requires any business selling consumable hemp products to Texas residents to register with the state, which may lead many reputable vendors to stop shipping to avoid legal conflict.
Confiscation Risk: Law enforcement can seize packages they suspect contain illegal substances. Under the new “total THC” calculation effective March 31, most THCA flower will test above the 0.3% limit, allowing the state to classify it as illegal marijuana.
State vs. Federal Conflict: While THCA flower may be federally compliant under the 2018 Farm Bill (based on Delta-9 levels), Texas’s stricter “total THC” standard means these products can be treated as controlled substances once they enter the state.
Possession Status: Current DSHS rules target the sale and distribution, not the possession by individuals. However, since THCA flower is physically indistinguishable from illegal marijuana without lab testing, possession still carries a high risk of “legal scrutiny” or arrest.
The direct answer is a qualified yes, but with significant risks and requirements. The new DSHS rules primarily govern the manufacture, distribution, and retail sale of hemp products within the state of Texas.
Here is how out-of-state vendors are impacted:
DSHS Registration Requirement: Any online retailer based outside of Texas that sells consumable hemp products to Texas residents is still required to register with the DSHS.
Retail Sale Loophole: The Texas Supreme Court has previously upheld that while Texas can ban the manufacturing of smokable hemp in-state, it cannot necessarily ban the retail sale of smokable products manufactured elsewhere, provided they meet state testing and labeling standards.
The “Total THC” Conflict: The new rule changes the state’s calculation to Total THC (THCA + Delta-9). While an out-of-state vendor might be legal in their home state, once the product enters Texas, it may be classified as illegal marijuana if it exceeds the 0.3% Total THC limit.
Vendor Risks and Compliance Out-of-state vendors will likely fall into two categories:
Risk-Averse Vendors: Many major out-of-state brands are already announcing they will stop shipping THCA flower to Texas to avoid potential legal conflict with state authorities or to prevent their products from being seized by law enforcement.
Gray Market Vendors: Some smaller or less cautious vendors may continue shipping, relying on the fact that DSHS rules target businesses rather than consumer possession.
As lawmakers move closer to cracking down on hemp-derived THC products, the alcohol industry is stepping into the fight—and surprisingly, they’re not calling for prohibition.
Instead, a major alcohol trade group is urging Congress to regulate hemp THC beverages rather than ban them outright, arguing that a structured framework would protect consumers while preserving a fast-growing market.
The push comes as federal lawmakers consider policies that could effectively wipe out the booming hemp beverage sector, which has exploded in popularity as an alternative to alcohol.
Regulation Over Prohibition
The alcohol industry’s position is simple:
Set clear rules
Enforce age restrictions
Require testing and labeling
Treat THC drinks more like alcohol than contraband
Their argument? A ban won’t eliminate demand—it will just drive the market underground.
A Billion-Dollar Battle
Hemp-derived THC drinks have quickly become one of the hottest segments in cannabis, appealing to consumers looking for a legal buzz without alcohol. But that growth has also put a target on the industry’s back.
With federal changes looming—including tighter definitions of THC that could outlaw many current products—the stakes are massive.
The Bigger Picture
This isn’t just about drinks—it’s about the future of hemp itself.
Regulators want control
Lawmakers are split between bans and oversight Industries—from cannabis to alcohol—are jockeying for position
And now, even Big Alcohol is signaling something the hemp industry has been saying all along:
Regulation works. Prohibition doesn’t.
Bottom Line
As the fight over hemp intensifies, one thing is clear—this isn’t a fringe issue anymore.
When the alcohol industry starts lobbying to protect THC products, you know the game has changed.
Rapper turns police raid into music… and wins on free speech Afroman just proved something loud and clear:
You can turn a police raid into a hit song — and win in court.
The rapper, best known for “Because I Got High,” came out victorious in a defamation lawsuit filed by seven Ohio sheriff’s deputies after he used footage of a 2022 raid on his home in a series of music videos.
FROM RAID TO RECORD
The whole situation started when law enforcement raided Afroman’s house on suspicions of drug activity and kidnapping.
They came in heavy…
Guns drawn
House searched
Property damaged
And found nothing.
No charges. No arrests. No case.
THEN HE DID WHAT ARTISTS DO
Instead of staying quiet, Afroman flipped the script.
He took home security footage of the raid and turned it into content — dropping viral music videos, including tracks off his “Lemon Pound Cake” project.
One clip even shows an officer distracted by a cake sitting on the counter — a moment that became internet gold.
THE LAWSUIT
The deputies didn’t find it funny.
They sued Afroman for defamation, claiming:
He damaged their reputations
They faced harassment after the videos dropped.
They deserved millions in damages
(Reportedly close to $4 million.)
THE VERDICT
The court didn’t buy it.
A jury sided with Afroman, ruling that his videos and music were protected under free speech, not defamation.
After the win, Afroman summed it up in true fashion:
“We did it… Freedom of speech.”
WHY THIS MATTERS
This case hits bigger than one rapper.
It’s about:
Free speech vs. law enforcement power
Art as protest
Who controls the narrative after a raid goes wrong.
Afroman didn’t just defend himself — he turned the system into content… and beat it at its own game.
Our BLAZED TAKE
Let’s be real…
They kicked in his door, found nothing, and then got mad when he made a song about it.
That’s not defamation —
that’s storytelling.
And now there’s a legal precedent backing it up. It was absolutely hilarious watching him on the stand last week absorbing everything the DA threw at Afroman, as he stood there in his USA flag suit and sun glasses, and he leaned right back into the prossicuter, throwing body shots, 1st Ammendment, then 4th Ammendment.
As a monthly practitioner of the 1st amendment we are most proud of you Afroman and would love to get you on the podcast.
In early August 2025, over 50 Democratic members of the Texas House left the state—relocating to places like Illinois, New York, and Massachusetts—to deny Republicans the two‑thirds quorum needed to conduct legislative business. Their stated goal: block a proposed congressional redistricting map that would likely add five GOP seats ahead of the 2026 midterms .
Impact on HB 5 and SB 5: The Hemp THC Ban
The special legislative session, which began July 21 and runs through August 19, includes up to 18 items on the agenda, notably bills concerning hemp-derived THC regulation or outright bans. Among them:
Senate Bill 5 (SB 5): a renewed GOP effort to ban all consumable hemp products containing any detectable THC—allowing only CBD and CBG—raising the legal age to 21, and criminalizing possession with fines/jail time .
House Bill 5 (HB 5): a companion bill in the House targeting similar standalone enforcement .
Because no quorum exists in the House, these bills cannot advance, hearings are suspended, and the agenda for THC regulation is effectively frozen—as long as Democrats remain absent .
Why Now?
The Democrats argue that the redistricting map would disenfranchise urban and minority voters by redesigning districts to favor Republicans. HB 5 and SB 5 were secondary priorities in comparison—hence their decision to prioritize blocking the maps over THC legislation .
Political Fallout & Legal Threats
Governor Greg Abbott and House GOP leaders responded quickly: issuing civil arrest warrants, imposing $500/day fines per absent member, and threatening removal from office—based on a 2021 Attorney General opinion that legislators who abandon their duties may forfeit their office. Abbott and legislators have also hinted at possible felony charges tied to fundraising efforts supporting the walkout .
Legal experts emphasize these actions are largely symbolic unless lawmakers physically return to Texas: arrest warrants can only be enforced within state lines, and removal proceedings would likely face court challenges .
Broader Consequences
The disruption affects more than just hemp policy:
Flood relief and disaster recovery bills remain in limbo.
Other special session topics like education reform, bathroom bills, and property tax limits are paused. Even Governor Abbott retains the power to call additional special sessions if needed, which could reopen the debate over banning THC .
Redistricting Blocked until quorum restored
HB 5 / SB 5 (THC ban) – On hold; no quorum means no hearings or votes
Consequences for Democrats $500/day fines, arrest warrants, removal threats (symbolic if out of Texas)
Session deadline Ends August 19, though further sessions possible
Industry / Regulatory angle Advocates were pushing for regulation rather than outright ban; Democrats support age limits, potency caps, and safe packaging
What Happens Next?
As long as the Democratic lawmakers remain out of state, the special session—including debates on hemp-derived THC—remains effectively frozen. If lawmakers return or are forced back before August 19, it’s possible the ban legislation could resume. Alternatively, Abbott could reconvene lawmakers for another session if the end-of-session deadline is reached without action.
AUSTIN, Texas, July 22, 2025 – The Texas Hemp Business Council (THBC) today issued the following statement regarding the introduction of SB 5 during a special session of the 89th Texas Legislature:
“Some Texas lawmakers are once again ignoring the facts, the public and the governor.
“Despite Governor Abbott’s veto of SB 3 and overwhelming opposition from Texans, Lieutenant Governor Dan Patrick and Senator Charles Perry are now pushing SB 5, a reckless repeat that would ban federally legal hemp products, kill small businesses and criminalize responsible consumers, all under the false premise of public safety.
“Governor Abbott got it right the first time: banning hemp is bad policy and bad for Texas. His veto protected a $5.5 billion state industry that supports over 50,000 jobs and contributes $268 million in annual retail tax revenue.
“Texans have spoken loudly and clearly. With 150,000 petition signatures, 8,000 handwritten letters and three statewide polls, the message is the same: prohibition doesn’t work. What Texans want is smart, responsible regulation.
“That’s why THBC strongly supports HB 4242, a common-sense alternative that includes 21+ age limits, child-resistant packaging and setbacks from schools. It’s the right path forward for public safety, economic freedom and the future of hemp in Texas.”
About the Texas Hemp Business Council
The Texas Hemp Business Council is an industry organization dedicated to promoting the hemp-based cannabinoid industry in Texas, while advocating for consumer safety, education and stakeholder engagement. More information is available at http://www.texashempbusinesscouncil.com.
Eight-seven percent of Americans say that marijuana ought to be legal for either medical or adult use, according to nationwide polling compiled by the Pew Research Center.
The results are consistent with those of prior Pew polls finding that only about ten percent of US adults support a blanket policy of cannabis criminalization.
“The federal government’s ‘Flat Earth’ position on marijuana policy is remarkably out of step with both scientific and public consensus,” NORML’s Deputy Director Paul Armentano said. “Federally elected officials who refuse to take action to end cannabis criminalization do so at their own political peril.”
Fifty-four percent of respondents said that cannabis should be legal for both medical and adult use, while 33 percent of those surveyed supported medical marijuana legalization only. Consistent with prior polls, support for legalizing cannabis is strongest among liberal-leaning and younger voters (those ages 18 to 29), and it is weakest among more politically conservative-leaning voters and those over the age of 75.
Twenty-four states have legalized marijuana for adults and 40 states regulate medical cannabis access to qualified patients. Some 54 percent of Americans now reside in a jurisdiction where the adult-use cannabis market is legally regulated, while 79 percent live in a county with at least one marijuana dispensary.
Additional public opinion polling data is available from NORML.
Congress is moving quickly to redefine hemp in such a way that nearly all consumable
products will be banned.Senators are expected to vote THIS week on the appropriations package that includes
this language. We have successfully defeated these types of attacks on our lawful,
federally regulated industry before, and we will fight to do so again.
From farmers to consumers who use the products for health and wellness to the shop
owners who depend on the sales of products – we must make a lot of noise to stop this
attack on our industry.
Encourage your members of Congress to vote NO on hemp bans and instead sign onto
colleague letters that are advocating FOR and WITH the hemp industry by passing
robust regulations.
I’m an adult who uses legal hemp products. These bills would ban the very products I rely on for my well-being. I choose not to enroll in the Texas Compassionate Use Program because it’s restrictive, costly, and inconvenient— it’s a state-sanctioned monopoly that limits my options.
In our early 50s; my wife and I occasionally use hemp products in my household for inflammation, my wife Jennifer has Lupus and Rheumatoid Arthritis, these hemp products provide the needed relief which are NOT COVERED on TCUP, AND if they were, would not be effective in her treatment given the current legal THC levels offered anyway!
Eliminating my family’s options would cause our family to resort back to gabapentin, Oxycontin, and other narcotics. Lawmakers should not take away natural, plant-based options from responsible adults. Hemp products are already legal under federal and Texas law, regulated by the Texas Department of State Health Services and several federal agencies.
Dan Patrick is playing games with SB 3 and CSSB 3 and his marijuana, alcohol backed money is no SECRET. These lies that Sen. Perry and Dan Patrick and their law enforcement bulldogs have gone on long enough. A recent Report on Forensic Lab Testing: The Schutte Report Expose DPS misconduct or willful ignorance in THCa testing and put the House on notice that convictions based on faulty presumptions are invalid and legally radioactive.
We have interviewed countless Texans on these incredible benefits of this plant in the last 5 years on our shows and in our magazines.
Covering this industry as the main media outlet for Hemp in Texas employs me and my small staff and our families. I will be out of business, and so will 50,000 of my fellow Texans! BUT MOST OF ALL, THE TEXAS COMMERCIAL REAL ESTATE IN YOUR DISTRICTS will also take a huge hit if these bills are passed!
Nothing works like hemp —for my fellow Texans and no one has ever died from using legal hemp products. If CSSB 3 or SB 3 becomes law, Texas stands to lose over $764 million in sales tax revenue and over 53,000 jobs —triggering massive unemployment costs.
Texas Lt. Governor Dan Patrick Visits Responsibly-Managed Austin-Based Legal-Hemp Retailer
Yesterday, Texas Lieutenant Governor Dan Patrick visited the Happy Cactus, a legal hemp retailer in Austin, Texas. When Patrick entered the store, the employees asked for identification to verify his age. He complied and showed his ID, proving he was over 21.
The Happy Cactus team followed the standards of best practices established by the Cannabis Retailers Alliance for Texas and other organizations. Patrick asked about gummies and if products with more than 50mg per serving of hemp were available. Co-owner Todd Harris informed him products with more than 50mg per serving are NOT available in the store.
Patrick claimed that students from Crockett High School had been in the store. Harris said everyone who enters the store is asked for identification to prove they are over 21. Harris’ attorney sent Crockett High School administrators a letter warning students not to trespass in the store. The letter was sent more than six months ago.
“We are proud of our team here at Happy Cactus. They handled the visit according to the best practices of Texas hemp retailers and with professionalism and respect,” said Harris. “We are proud to provide a legal product that helps many people in our community, including veterans and seniors.”
“We are grateful that Lieutenant Governor Patrick decided to investigate stores on his own. We are very pleased that he chose Happy Cactus because they are one of the best examples of how to run a store properly. It’s obvious that they carry quality products for people in need and take extreme precautions to ensure their products do not fall into the wrong hands. They even ‘carded” Lieutenant Governor Patrick without knowing who he was,” stated David Sergi of Sergi & Associates.
“Lieutenant Governor Patrick came into Happy Cactus, our Client’s store, and saw that we do things correctly. He learned that we had sent a no-trespass letter to Crockett High School because we didn’t want their students in our store. He also learned that their students no longer attempt to come into our store. Happy Cactus does things right like most of our industry,” said David Sergi.
A video of the visit is here: https://www.dropbox.com/t/CvXgh9fbTRXidBSJ
For media interviews with Todd and Mickey Harris, Happy Cactus Owners, or David Sergi, Attorney for Happy Cactus, please contact Kevin Lampe at (312) 617-7280 or kevin@kurthlampe.com.
In an effort to remain vigilant and true to his word Texas Lt. Governor Dan Patrick is now making house calls to area store owners in a measure of enforcement that goes right to the top!
Employees of south Austin store owner Todd Harris of the Happy Cactus were greeted with questions about products his stores sell and legal dosing and compliance concerns as any grandmother might before making a legal purchase of CBD cream, or maybe a Texas Veteran who was looking for a gummy for a better night’s sleep.
Only this “house-call” was made by none other than Mr. SB 3 himself, Texas Lieutenant Governor Dan Patrick.
Happy Cactus, like many industry retailers are following a set of best compliance practices which are part of a statewide effort led by organizations such as (CRAFT) Cannabis Retailers Alliance for Texas.
According to Harris, Dan Patrick came in and asked about gummies and how many milligrams he had on certain legal-hemp products. Staff members provided info on one such item that was 50mg to the Lt. Governor as more questions ensued. Harris explained that products over 50mg are not available at his stores.
The Texas lawmaker also entered a line of questioning to Harris that alleged that students from nearby Crockett High School had come into the Happy Cactus when Happy Cactus staff insured Patrick that they not only card everyone that attends its establishment, but under his attorney’s advice they have sent the school a trespass warning so students know not to visit. That notice was delivered over six months ago.
“Lieutenant governor Patrick came into our Client store and found out that we do things the right way. He was even carded. He learned that we had sent a no trespass letter to Crockett high school because we don’t want their students in our store and he also learned that their students no longer attempt to come into our store and that we do things right like most of the rest of our industry. ” – Stated David Sergi the attorney of record for the south Austin retailer.
Security Video of Happy Cactus shows Patrick and his staffers coming into the south Austin store for an official visit. Unresponsive to Happy Cactus employees request for ID the Lt. Governor of Texas went on to explain that he was “Dan Patrick”. The Employee still demanded the identification. Afterwards, Todd Harris was notified by staff of the cordial visit by the top Texas lawmaker.
Harris and Sergi both emphasized that “we are grateful that Lieutenant governor Patrick decided to investigate stores on his own and very pleased that he chose Happy Cactus because they are one of the best examples of how to do how to run a store properly. It’s obvious that they carry quality products for people in need and take extreme precautions to ensure their products dont fall into the wrong hands. They even carded lieutenant governor Patrick without knowing who he was.” stated David Sergi of Sergi & Associates.
Details of the Call can be heard here, and the security tape recorded the visit.
The Happy Cactus is located at 5700 Menchaca Rd Ste # 520 and is owned by brothers Mickey & Todd Harris from Austin TX.
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”
Austin, TX – February 17, 2025 – The 5th Annual Outlaw Party, produced by Grow House Media, returns on March 10, 2025, from 7-11 PM at Pour Choices Bar in Austin, TX. This year’s event, presented by Weedmaps, is set to be the most impactful yet, bringing together top advocates, artists, and industry leaders to support The Last Prisoner Project, an organization dedicated to cannabis criminal justice reform. Proceeds from ticket sales will directly benefit the cause.
The Outlaw Party has become a staple of the SXSW experience since 2019, fusing activism, entertainment, and community in an unforgettable evening. Attendees will experience a Flower Bar by Kache THCa, live glassblowing demonstrations, and a custom mural painted by Hail Mary ATX, all set to the funk-infused sounds of Austin’s own Flyjack.
“This event is more than just a party; it’s a movement,” said Liz Grow, CEO of Grow House Media. “It’s incredible to bring the Outlaw Party back to Texas, a state where the war on cannabis—and the people who choose plant medicine—is still raging. We are all outlaws here, standing together to demand change. We won’t stop until every last prisoner of cannabis prohibition is free.”
This year’s event is made possible by an impressive lineup of sponsors, including Cheech & Chong’s, Cannasite, Chief Stix, Kache THCa, Tejas Tonic, and San A Canna. Their commitment to cannabis reform and social justice fuels the mission of the Outlaw Party, ensuring a night filled with purpose and passion.
In addition to live art and music, the event will feature powerful speakers and top advocates in the cannabis movement, shedding light on the urgent need for criminal justice reform and the work of The Last Prisoner Project.
Tickets for this must-attend event are on sale now. Don’t miss your chance to be part of a night that blends advocacy with artistry in support of a vital cause.
Join us in making a difference—because no one should be incarcerated for cannabis.
For press inquiries, sponsorship opportunities, or additional information, please contact: Liz Grow, CEO Grow House Media 📧 Liz@growhousemedia.co
📞 512-695-6747
The hemp industry in Texas is at a pivotal moment as lawmakers consider significant restrictions. Senate Bill 3, introduced by Lieutenant Governor Dan Patrick, aims to ban all THC products, including hemp-derived items like delta-8 and delta-9 THC. Critics warn this could severely impact an industry that employs over 50,000 people and generates $8 billion annually.
Agriculture Commissioner Sid Miller supports regulation but acknowledges the need for a balanced approach. Meanwhile, lawmakers like Representative Joe Moody advocate for regulation rather than prohibition.
This debate in Texas occurs against the backdrop of significant shifts in the national cannabis landscape. With a new administration in office, federal conversations on marijuana legalization and reclassification are gaining traction. The DEA’s recent discussions on reclassifying marijuana as a less restricted substance could dramatically influence state policies and industry standards nationwide.
As Texas navigates its legislative session and awaits a Texas Supreme Court ruling on delta-8 THC, these broader national developments serve as a reminder of the complexities of balancing local regulation with evolving federal policies.
Stay tuned to the Texas Hemp Show on ESPN in Austin or read the Texas Hemp Reporter magazine this spring for the latest details on the evolving Texas hemp industry.
As we step into 2025, it’s impossible to ignore the pivotal moment we’re facing in the Texas hemp industry. The announcement of Senate Bill 3 has cast a shadow of uncertainty over the future of hemp in our state. For years, The Texas Hemp Reporter has been a steadfast advocate and resource for this industry, highlighting its innovation, resilience, and potential. But now, more than ever, we need your support to ensure this voice continues to resonate.
Our mission has always been to provide a platform for education, activism, and industry updates that empower Texas hemp leaders and entrepreneurs.
Unfortunately, without sufficient backing from industry leaders through advertising revenue, we face difficult decisions about how frequently we can publish in 2025. It’s a stark reality: without your investment, the magazine that champions this industry may not remain as consistent or impactful as we all need it to be.
Despite these challenges, we are not standing still. This February, we are excited to debut Blazed Magazine, a new recreational-focused product that brings fresh energy to the cannabis conversation.
Alongside it, Blazed Weekly News and our new podcast will aim to expand our reach, building bridges with new audiences and opportunities. While these ventures offer promise, our hope is that they can complement—not replace—the foundational work we’ve done with The Texas Hemp Reporter.
This publication has always been more than just a magazine. It’s been a movement, a community, and a critical voice for an industry that deserves recognition and growth. But we can’t do it alone. If you believe in what we’ve built and the future we can achieve together, I urge you to stand with us—through advertising, partnerships, and collaboration.
With your support, we can continue to shine a light on the evolving Texas hemp market and likely remain a quarterly cornerstone for this community in 2025 and beyond.
Blazed Magazine will offer the recreational advertisers, smoke brands and culture of the plant a fun and entertaining avenue for our industry while keeping the Texas Hemp Reporter our authoritative and respected industry publication. Thank you for your continued dedication to this cause. Let’s face these challenges together and create a future where Texas hemp thrives.
We are working on our Legislative Edition this February and plan to release this special issue to lawmakers in March. With your support we can tell the Texas lawmakers why we deserve the opportunity to lead the nation in the growing Hemp industries in the United States.
Texas Legislative Edition Rate Card for advertising.
Regulation Over Prohibition
A Billion-Dollar Battle
The Bigger Picture
Bottom Line
