Texas smoke shops turn to THCP as THCA ban takes effect

Texas hemp retailers are pivoting to tetrahydrocannabiphorol (THCP) products following a recent court ruling that reinstated a ban on smokable hemp flower containing THCA. A three-judge panel in the 15th Court of Appeals declined to extend an injunction on June 26, effectively making THCA illegal to sell while a lawsuit against the Department of State Health Services (DSHS) proceeds. This shift highlights the ongoing regulatory volatility in the Texas hemp market and the industry's reliance on minor cannabinoids to maintain inventory amidst shifting legal boundaries.

The legal status of THCA in Texas has been in flux since the DSHS introduced agency rules banning the compound on March 31. While the Texas Hemp Business Council and local retailers initially secured an injunction to allow sales during their legal challenge, the 15th Court of Appeals' decision to let that injunction expire has forced shops like Green Goddess in San Marcos to pull THCA from shelves. Attorney David Sergi argues that THCP remains fair game for retailers because it was not explicitly named in the DSHS rules, creating a legal loophole that businesses are currently exploiting to stay operational.

Experts such as Dr. Katharine Neill Harris of Rice University’s Baker Institute warn that THCP presents unique risks due to its high potency and lack of robust oversight. Research indicates that THCP has a binding affinity to cannabinoid receptors approximately 30 times higher than delta-9 THC, suggesting a significantly more intense intoxicating effect. Furthermore, because THCP occurs naturally in only trace amounts, the products sold in shops are often chemically synthesized, raising concerns about residual solvents and manufacturing byproducts that current Texas testing requirements may not adequately address.

Despite the availability of THCP, retailers report that consumer demand remains significantly higher for THCA, which many users prefer for its specific head high effects associated with sativa strains. Retailers like Molly McLaughlin note that THCP is often perceived as providing a body high, which has led to a slower adoption rate among traditional flower smokers. Meanwhile, the Texas Legislature continues to grapple with the issue; following Governor Greg Abbott’s veto of Senate Bill 3 last year, the Senate Health and Human Services Committee is scheduled to hear testimony on the societal impacts of THC on July 7 to inform future legislative sessions.