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Judge bars DSHS from enforcing new hemp rules, sets late July trial date

The order keeps smokable hemp and higher-fee rules on hold while a lawsuit challenges whether state regulators exceeded their authority.

  • On Friday, Travis County Judge Daniella DeSeta Lyttle extended an injunction blocking the Texas Department of State Health Services from enforcing new hemp regulations until July 27, allowing retailers to continue selling smokable products.
  • The DSHS rules, which took effect March 31, aimed to reclassify how THC levels are measured in consumable hemp products, effectively banning smokable hemp and raising licensing fees by more than 3,000%.
  • Economist Beau Whitney testified the restrictions could cost Texas $7.2 billion annually and eliminate about 36,000 jobs, while the Texas Hemp Business Council argued the agency exceeded its authority.
  • Separately on Friday, the Texas Supreme Court ruled state regulators possess "broad authority" to ban substances, reversing lower court orders that had protected Delta-8 THC.
  • The state is expected to appeal the injunction, keeping the legal battle active while smokable hemp remains protected until the final trial scheduled for late July.
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KDFW broke the news on Friday, May 1, 2026.
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