Smoke shops may be forced to close amid Texas hemp THC ban takes effect, experts say

HOUSTON, Texas (KTRK) -- Texas' ban on most hemp-derived THC products officially took effect on Friday.

On Saturday, businesses adjusted to the new reality, as products came off shelves and retailers navigated changes to what they can legally sell.

Inside Bellaire Smoke Shop in southwest Houston, there were empty shelves where some THC products once stood.

"Yesterday, a lot of people came trying to buy a lot, and today we have people come trying to buy stuff, but obviously there's nothing to buy. Wholesalers, they're not selling. There's no way," said cashier Ashton Matthews.

The new law prohibits the sale and possession of hemp-derived THC products like delta-8, delta-10, THCA flower, and other synthetic THC variants.

Only hemp-derived delta-9 THC products, containing less than 0.3% THC by dry weight, remain legal.

Matthews said on Saturday, some customers came in and still hoped to get their hands on the product.

"'Where's it at? Do you have some underneath the table?' And I'm like, 'No, I'm sorry. And y'all can't even have it in your car no more because you get in trouble,'" Matthews said.

The Texas Department of State Health Services argued that hemp-derived THC products should be treated as controlled substances because they are psychoactive drugs. Some lawmakers have been pushing this ban for years over concerns that the products harm children.

Possession of banned THC products can now carry felony charges, with penalties including up to two years in state jail and fines of up to $10,000.

Cannabis experts estimated the ban could take 60% to 90% of THC products out of circulation.

"Some shops will be good," Matthews said. "Some shops won't."

As businesses adjust to the new rules, Matthews ultimately believes some stores won't survive the changes.

"We sell hookah, vapes," Matthews said. "So we'll be hopefully all right. We'll try to survive, but I don't know about the other shops."