‘No one’s passing around an edible’
Samantha Cantu/THE RIDER
The Texas Department of State Health Services adopted new rules that will take effect Tuesday, which effectively bans smokable consumable hemp products and introduces high-cost licensing for retailers.
State health officials created the new regulations in response to a Sept. 10 executive order issued by Gov. Greg Abbott, directing state agencies to establish stricter oversight of what Texas defines as CHPs.
The order came after a legislative stalemate, where lawmakers could not reach consensus on whether to regulate intoxicating hemp-derived compounds or pursue another outright ban. In June, Abbott vetoed an earlier bill, Senate Bill 3, that would have prohibited THC products, a measure strongly backed by Lt. Gov. Dan Patrick.
In a March 19, 2025, statement, Patrick praised the passage of SB 3, calling it a necessary step to protect public safety.
“Retailers across Texas have exploited a state agriculture law to sell life-threatening, unregulated forms of [THC] to Texans, including children,” Patrick said. “These dangerous products must not be allowed to permeate our communities and endanger Texas children.”
Bryant Sculos, a political science lecturer at UTRGV, argues the policy is not addressing any clearly defined public health issue.
“The Republican Party is trying to solve a perception that they support drug use,” Sculos said.
He added he has found “no evidence that would indicate a widespread problem that the new policy will help address.”
According to Sculos, certain regulations, such as clearer labeling and safety standards, could be beneficial, but he emphasized similar rules already exist in other states without requiring a full ban. Instead, he said the legislation is more about political signaling.
The lecturer said the policy is “massively misinformed,” and the issue is shaped by political divisions within the state. He added he believes some leaders hold “unscientific views” about marijuana despite data from other states and pointed to inconsistencies in how substances are regulated.
“If you’re not having a conversation about alcohol and cigarettes … where is [the push] on banning cigarettes or banning alcohol?” Sculos said.
Samantha Cantu/THE RIDER
Research from states with legalized marijuana shows different outcomes than those cited by supporters of the ban, he said.
“One thing that we see … is a decrease in overdoses from harder drugs,” Sculos said, adding marijuana is “routinely recognized as a lot safer” than many alternatives.
The lecturer said restricting legal access could have unintended effects on both consumers and public safety as consumers may resort again to the black market.
On top of a loss of accessibility in the market, consumers will now face restrictions in products they currently have access to. According to Sculos, 50% of most dispensaries’ products are smokable CHPs.
“It definitely decreases consumer choice,” he said. “There’s a social aspect to smoking. This is true for cigarette smoking. Some people just drink to get drunk but, other people, it’s a social activity, right? You drink, you hang out with other people. It’s the same thing with smoking marijuana. Except, well, no one’s passing around an edible.”
Sculos said he believes the policy may not last long in its current form as the economic pressure could lead to revisions.
For smoke shops and hemp retailers, the policy could mean significant financial losses. Monica Garcia, manager of a Smoke King smoke shop, said the restrictions would directly affect daily operations.
Garcia said smokable hemp products are among the store’s most popular items and removing them will likely reduce revenue and customer traffic.
“I do feel that regular customers … [we are] losing all of them … so it is a big hit,” she said. “People are going to have to turn to … illegal methods.”
Garcia also expressed concern about her employees, saying the changes could impact workers’ ability to earn a living.
Businesses such as Smoke King, located at 301 S. Sugar Road in Edinburg, are preparing for the Tuesday deadline and, according to the business owner, they will have all of their products off the shelves before the deadline arrives.
Samantha Cantu/THE RIDER
