Cannabinoids

Texas’ Ban Of Smokable Hemp Takes Effect, Leaving Out-Of-State Sales In legal Gray Area

“There is no carve out for mail order”

Hemp flower, extracts and other smokable forms of cannabis are no longer allowed to be sold in Texas as of Tuesday.

The change comes less than a month after the Department of State Health Services (DSHS) adopted sweeping new regulations for the state’s booming hemp industry.

But the new rules only apply to retailers and manufacturers. State law hasn’t changed, meaning possession of smokable hemp products remains legal. Austin police say their approach hasn’t changed either.

That leaves open a big question for consumers: If stores in Texas can’t sell these products anymore, can people still order them online?

State regulators say no. Cannabis attorneys say yes, but acknowledge it’s a legal gray area.

“There is no carve out for mail order,” DSHS spokesperson Lara Anton said.

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