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Seesaw Rulings on Texas’ Smokable Hemp Ban Are Bad for Business, Retailers Say

Court rulings have forced shops to remove and restock products repeatedly, while the hemp industry says the ban could cost Texas $7.2 billion.

  • Smoke shops across Texas experienced "Texas whiplash" last week as conflicting court rulings forced smokeable hemp products off shelves, then back on, within a 45-day span, injecting economic uncertainty into an industry employing more than 30,000 people.
  • The Texas Hemp Business Council is fighting new state testing requirements that create a 0.3% total THC threshold, with lawyers for the industry arguing the state's public health agency overstepped its constitutional authority by rewriting hemp definitions.
  • Zaquiri Hensen, a manager at a South Austin smoke shop, said smokeable hemp comprises about 43% of his store's sales, leading to layoffs and reduced hours. "It sucks," Hensen said, expressing frustration with the ongoing uncertainty.
  • Fearing a permanent ban, retailers are clearing inventory through promotions like buy-two-get-one-free offers. "I'd rather have cash than be stuck with a bunch of weed," said Anthony Vazquez, owner of Dooby's Smoking Depot.
  • The ban remains in effect at least until a July 27 district court hearing, pending the state's appeal outcome. Future rulings in the coming weeks will determine whether the current injunction stands or products face permanent restriction.
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  • 43% of the sources lean Left, 43% of the sources are Center
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KXXV broke the news on Friday, May 15, 2026.
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