Texas Begins Enforcing New Total THC Rule: What the DSHS Crackdown Means for Hemp Retailers

The Texas Department of State Health Services (DSHS) has begun actively enforcing new Consumable Hemp Program rules that dramatically change how THC is measured in hemp products, creating significant consequences for retailers, manufacturers, distributors, and consumers across Texas.

The agency’s enforcement centers on a Total THC calculation performed on a dry-weight basis. Unlike previous interpretations that focused primarily on Delta-9 THC, the new methodology includes THCA after it is converted into Delta-9 THC through decarboxylation—the process that occurs when cannabis flower is heated or smoked.

For much of the Texas hemp industry, this is more than a testing change. It effectively places most THCA flower products outside the state’s legal hemp definition.

The curious timing in this reversal in their approach happened shortly after THBC filed a motion for rehearing. Allegedly, they were not properly enforcing the new rules and that DSHS therefore had waived it. This move was extremely controversial in the industry. The Texas Hemp Business Council (THBC) is largely funded by Hometown Hero of which flower is not a product the company sells or offers.

Still, retailers have been asking for clarification about enforcement for weeks now. Today the States response was heard loud and clear.

Why It Matters

Because most hemp flower naturally contains THCA that converts into Delta-9 THC when heated, many products that previously passed compliance testing may now exceed Texas’ legal THC limit.

Retailers carrying smokable hemp products, pre-rolls, and certain concentrates could face increased regulatory scrutiny as DSHS expands enforcement efforts.

The industry argues that these rules fundamentally reshape the marketplace through administrative rulemaking rather than legislative action, and multiple legal challenges continue to move through Texas courts.

What Retailers Should Expect

Businesses should review inventory, certificates of analysis, supplier testing protocols, and compliance documentation while monitoring ongoing litigation that could affect enforcement.

The new rules impact:

• THCA flower
• Pre-rolls
• Smokable hemp products
• Testing standards
• Retail compliance requirements
• Product sourcing and inventory decisions

Industry Response

Texas hemp advocates maintain that DSHS has exceeded its statutory authority by adopting a Total THC standard that was not explicitly enacted by the Texas Legislature.

State regulators, meanwhile, maintain that the updated enforcement is intended to ensure products sold as hemp remain within legal THC limits established under Texas law.

The legal battle over these rules is expected to continue throughout 2026 and may ultimately determine the future of the Texas hemp flower market.

Texas Hemp Reporter Statement

Texas Hemp Reporter will continue monitoring enforcement activity, court proceedings, and industry response as the regulatory landscape evolves. Businesses with questions regarding compliance should consult qualified legal counsel and stay informed through official DSHS guidance.

For regulatory clarification regarding the Consumable Hemp Program, DSHS identifies:

Jessica Fierros, RS
Manager, Consumable Hemp Branch
Texas Department of State Health Services

Office: 512-231-5656
Cell: 512-217-1319
Email: Jessica.fierros@dshs.texas.gov

This contact information is provided as a public regulatory resource for businesses seeking clarification regarding Texas Consumable Hemp Program enforcement.