Texas Court Weighs Whether Smokable Hemp Can Stay on Shelves After Friday
The businesses say the rules would effectively ban smokable hemp and raise fees to $10,000 a year for manufacturers.
- On Friday, Travis County District Judge Daniella DeSeta Lyttle issued a temporary injunction blocking Texas health officials from enforcing a new "total Delta-9 THC" standard, allowing continued sales of smokable hemp products.
- The Department of State Health Services implemented rules on March 31 counting THCA toward total THC limits, which industry attorneys argue overstepped the agency's authority by rewriting statutory definitions established by the Texas Legislature.
- Whitney Economics chief economist Beau Whitney testified that regulations would cause a $7.2 billion negative economic impact, while the Texas Attorney General's Office cited reports of products containing 100 times the recommended THCA levels.
- The injunction does not block all provisions, including requirements for child-resistant packaging and the age 21 purchase limit, and state officials are expected to appeal the court's decision.
- Separately, the Texas Supreme Court ruled Friday that state health officials can criminalize Delta-8 THC, though businesses may continue their lawsuit regarding that compound, creating ongoing uncertainty in hemp regulation.
11 Articles
11 Articles
Texas shops can still sell smokeable hemp THC until July 27, judge rules
The hemp ban went into effect on March 31, 2026, and last month, a Travis County judge blocked it, allowing retailers to keep it on their shelves.
Texas court weighs whether smokable hemp can stay on shelves after Friday
A court fight in Austin this week could determine whether Texans can keep buying cannabis flower, prerolls and concentrates sold under the state’s hemp laws.
Texas Hemp War: Why A Courtroom Battle In Travis County Could Change Everything
A multi-day hearing began Tuesday in Travis County District Court over new Texas Department of State Health Services rules that effectively ban most smokable hemp products, including flower buds and pre-rolled joints. Industry groups are asking the court to issue a permanent injunction blocking enforcement of the rule while the lawsuit proceeds, CBS Austin reported. The rules, which took effect March 31, 2026, changed THC measurement to a “total…
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