“Is that what they want? They want veterans crying?”
Austin Zamhariri is fired up. Inside Thrive Apothecary in Fort Worth, he describes customers who have come to rely on smokable hemp: veterans navigating PTSD, cancer patients struggling to eat, older Texans seeking relief outside of pharmaceuticals.
“Now they have it legally and from a well-sourced place with consistency and working with someone who is knowledgeable about the product and how to use it for quality of life,” he said. “That’s what we’re talking about.”
That access may soon be stripped away. In September 2025, Gov. Greg Abbott issued an executive order that changes how hemp-derived THC is defined and regulated in Texas. Now THCa (tetrahydrocannabinolic acid) is included in total THC calculations. THCa, the compound present in raw cannabis flower, converts to Delta-9 THC when heated.
By redefining total THC to include THCa, the state has effectively banned what is currently known as smokable THCa flower, one of the most popular and profitable products in the Texas hemp market. Retailers don’t have much time to clear shelves before enforcement begins.
Photo By Stephanie Hastings
But a legal fight is underway. Travis County Judge Maya Guerra Gamble recently granted a temporary restraining order, pausing the new state rules. This ruling allows for continued sales, including pre-rolls, until at least April 23, when a hearing for a broader injunction is scheduled. While Texas business owners may appreciate the relief, they know the fight will continue, especially with Lt. Gov. Dan Patrick and powerful non-cannabis-friendly lobbies angling to limit the flower’s power.
“This new rule is, quite frankly, devastating,” said Candice Stinnett, owner of Emerald City Consumption Lounge in Fort Worth, “not just for Emerald but for the thousands of Texans who rely on these products for relief. By redefining the total THC to include THCa, the state is effectively wiping out about 60% of our inventory in less than a month.”
Flower drives a majority of many small businesses’ revenue.
“This … is 60-65% of our revenue,” said Thrive’s Zamhariri.
Stinnett echoes that reality: “That flower power makes up 60-70% of our business.”
The timeline isn’t helpful, either.
Photo By Stephanie Hastings
“Imagine telling any other small business … that in three weeks, they can no longer sell 70% of their most popular inventory,” Stinnett said. “Most businesses wouldn’t survive a week.”
And costs are skyrocketing. Licensing fees for retailers are jumping from $155 to $5,000, adding pressure to businesses already losing their chief product.
“This isn’t regulation,” Stinnett said. “This seems like an attempt to price small, local businesses out of existence.”
Storefronts aren’t the only folks being hurt by the potential new rules.
“It definitely hits home,” said Troy Mack, creator of the animated character Pothead. “It hurts Texans. You’re not just shutting down work but also that connection to the community that we’re trying to build.”
There also may be unintended consequences as access tightens.
“You are literally pushing patients and consumers into what will be the biggest black market in the country, the marijuana black market, hands down,” Zamhariri said, pointing to nearby states where legal cannabis is drawing Texas consumers across state lines.
But not everyone sees the shift as purely destructive.
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“I think they’re being strategic about it,” says Mother Earth of The Weed Spot in Dallas. “There were too many stores, so it’s kind of like a cleansing, and we’re seeing who can stand the test of time.”
For businesses with diversified offerings, adaptation has already begun, but even those ready to pivot feel the tension.
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Stinnett points to numerous polls that indicate more than 80% of Texans support some form of legalization. “Yet we see leadership doubling down on prohibition.”
Others see the pragmatic angle.
“We kept asking for regulations, and guess what? They’re regulating it,” said Eddie Velez of Oak Cliff Cultivators. “Two lanes are clearly being established. Now is the time to pick your lane.”
But clarity will not ease the impact today.
Photo By Stephanie Hastings
Photo By Stephanie Hastings
