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Texas THC Ban Continues as Federal Judge Rejects Emergency Motion

Hemp retailers and industry groups say the ban would block sales of delta-8 THC and other products that were legal under the 2018 Farm Bill.

  • On Sunday, U.S. District Judge Jeffrey Brown denied a temporary restraining order request from hemp retailers, allowing Texas' ban on most hemp-derived THC products to remain in effect.
  • Three hemp industry members sued the Texas Department of State Health Services and Attorney General Ken Paxton on July 31, arguing the ban violates the 2018 federal Farm Bill, which removed hemp from controlled substances.
  • Possession of prohibited THC variants can be treated as a state jail felony, carrying penalties of 180 days to two years in prison and fines of up to $10,000, cannabis experts say.
  • Lead counsel Andrea Steel criticized the ban as "recriminalizing a lot of cannabis products," noting businesses lack clear guidance on proving compliance with state definitions.
  • Legislators have already promised to continue efforts to ban consumable hemp products during the next legislative session, while the request for a preliminary injunction remains pending before the court.
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Weatherford Democrat broke the news on Saturday, August 8, 2026.
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