Big changes are coming for smoke and vape shop owners across Texas.
Starting March 31, 2026, new state regulations will significantly impact the sale of hemp-derived products—especially smokable hemp items.
If your business sells hemp, THC, or CBD-related products, this is something you cannot ignore.
What’s Changing on March 31?
The Texas Department of State Health Services has adopted new rules that will:
- Ban the sale of smokable hemp products
- Remove items like:
- THCA flower
- Pre-rolls
- Certain smokable concentrates
These products must be removed from shelves by March 31
What Products Are Still Allowed?
Not everything is banned.
Retailers can still sell:
- Edibles (gummies, etc.)
- THC-infused drinks
- Oils and tinctures
However, these products must meet stricter requirements, including:
- Updated labeling
- Child-resistant packaging
- Verified lab testing (COAs)
- Clear ingredient disclosures
Major Changes Retailers Need to Be Aware Of
Stricter THC Rules
Texas is now using a “total THC” calculation, which includes THCA.
This closes previous loopholes and makes many products illegal overnight
Increased Fees
Retailers will now face significantly higher costs:
- Up to $5,000 per location annually
- Manufacturers up to $10,000 per facility
This is a major jump from previous fees and could impact profitability.
Increased Enforcement
Expect:
- More inspections
- Multi-agency enforcement (state & local)
- Potential product seizures
Law enforcement has already increased activity in the hemp space
What This Means for Your Business
If you own a:
- Smoke shop
- Vape shop
- Convenience store selling hemp products
You should:
Immediately review your inventory
Remove:
- Smokable hemp products
- Any THCA-based flower or pre-rolls
Work with your suppliers
- Ensure all remaining products are compliant
- Request updated COAs and labeling
Prepare for compliance inspections
- Keep documentation ready
- Ensure packaging meets new standards
Adjust your product mix
Many retailers are shifting toward:
- Edibles
- Beverages
- Accessories
How This Affects Your POS System
As a retailer, it’s important your POS system reflects these changes:
- Remove restricted items from your system
- Update product categories
- Ensure proper tax and reporting setup
- Avoid accidental sales of banned products
Our team can assist with updating your POS to stay compliant.
Fore more info and to stay up to date, please check the Texas Department of State Health Services (DSHS) website – https://www.dshs.texas.gov/
