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Texas cannabis businesses sue state to block smokeable hemp ban

The lawsuit says the rules exceed state authority and would force closures by banning smokeable products and raising manufacturer fees to $10,000 per facility.

  • On Tuesday, The Texas Hemp Business Council and Hemp Industry & Farmers of America filed for a temporary restraining order against the Texas Department of State Health Services and the Texas Health and Human Services Commission, alleging constitutional overreach.
  • Regulations effective March 31 classify hemp as noncompliant if total THC exceeds 0.3%, which industry groups claim conflicts with the 2019 framework established by the Texas Legislature.
  • While supporting age verification, industry leaders argue fee increases—rising from $258 to $10,000 for manufacturers and $155 to $5,000 for retailers—threaten business viability, attorney David Sergi noted.
  • The lawsuit asserts, "Texas law does not permit agencies to override that result through rulemaking," arguing these measures replace policy choices the Texas Legislature deliberately declined to enact.
  • A pending Texas Supreme Court case on delta-8 THC, expected this year, will test whether state agencies can unilaterally alter hemp market regulations without direct legislative approval.
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Texas cannabis businesses sue state to block smokeable hemp ban

Texas hemp industry leaders and advocacy groups have sued the state to block new regulations that eliminate natural smokeable hemp products and increase licensing fees.

·United States
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Houston Public Media broke the news in Houston, United States on Wednesday, April 8, 2026.
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