Texas Faces Hemp Shakeup As Sid Miller Backs Regulation Over Nationwide THC Ban

18 November 2025

Texas is preparing for a major shift in hemp regulation, and most of the debate now centers on a single figure that appears likely to redefine the market: 0.4 milligrams of THC. That limit comes from a new federal law included in a recent spending package. It bans hemp products with more than 0.4 milligrams of total THC per container. The change will not take effect for about a year, but the rule may remove a wide range of hemp gummies, seltzers and vape products from shelves across the country, including in Texas.

Texas Agriculture Commissioner Sid Miller has warned that the new standard could put “thousands” of Texas businesses at risk. Many of the state’s 8,000 vape and smoke shops rely on hemp-derived THC sales, and the federal cap may squeeze a large portion of that inventory out of the market. At the same time, he has welcomed the ban on synthetic cannabinoids. These products, which often lacked age limits, had become common in shops that cater to teens and young adults. Miller said the federal rule gives Texas a clearer way to regulate items that fall between cannabis and nicotine products.

His public stance has shifted depending on the audience. In a television interview with Fox 4, Miller said the federal plan looked “much better” than a Texas bill that would have sharply restricted the hemp market before Governor Greg Abbott vetoed it. Yet in a separate online post, he urged Congress to undo the national ban and said it “destroys jobs” and limits access for adults who use hemp-derived THC for relief. He has continued to oppose recreational marijuana legalization, but he supports broader medical access for veterans and people living with epilepsy, PTSD and glaucoma.

While Congress debates the federal limit, Texas has moved ahead with its own rules. After vetoing the earlier hemp bill, Abbott issued an emergency order that set new age restrictions and standards for intoxicating hemp products. The Texas Alcoholic Beverage Commission later added limits on where THC-infused drinks can be sold. The Department of State Health Services followed with a compliance checklist that reinforces age-gating, labeling and other requirements that match the governor’s order.

Texas is also making changes to its medical cannabis system. The Department of Public Safety approved rules that expand the Compassionate Use Program by allowing twelve new dispensary licenses, increasing the number from three to fifteen. The rules outline security and operational standards for satellite pickup sites and clarify when DPS can revoke a license.

In a parallel process, the Health and Human Services Commission proposed giving physicians more discretion to recommend medical cannabis for additional conditions and set standards for inhalation devices used by patients.

These state-level efforts may be overshadowed if the federal THC limit remains in place. A 0.4 milligram cap could remove most intoxicating hemp products from retail stores regardless of how Texas regulates them. Miller has said he expects pressure on Congress from businesses and consumers, although he also admitted that the law may remain “as it is” when the implementation period ends.

Recent polling by a Republican firm linked to Donald Trump suggests that Texans across political lines oppose the federal hemp ban. The results point to a growing divide between national policy and what many Texas voters, including conservatives, say they want when it comes to hemp-derived THC.

For Texans who rely on CBD or low-dose THC for sleep, anxiety or chronic pain, and for veterans who use cannabinoids to manage PTSD, the next year may bring uncertainty. Small businesses that built their model around hemp seltzers, edibles or vape cartridges may face steep changes if Congress does not revisit the rule. Some products may shift into medical channels or tightly controlled dispensary settings. Others may disappear from common retail shelves across the state.