Texas Hemp Ban Halted by Judge

A Texas district court judge on Friday issued a temporary restraining order that blocks enforcement of newly adopted state rules affecting hemp-derived products, including smokable THCA flower. The order was issued by District Court of Travis County Judge Guerra Gamble and pauses the restrictions for 14 days while the legal challenge proceeds.

The case stems from a lawsuit filed by a coalition of hemp industry groups against the Department of State Health Services (DSHS) and the Health and Human Services Commission (HHSC). The plaintiffs include the Texas Hemp Business Council (THBC) and Hemp Industry & Farmers of America (HIFA), which argue that the agencies exceeded their authority by adopting regulations that, in practice, would bar certain consumable hemp products.

At the center of the dispute is how THC content is calculated under the new rules compared with existing state law. The industry groups say Texas law allows cannabis products as long as the delta-9 THC concentration does not exceed 0.3 percent. They contend the agencies’ approach is stricter because it applies a “total delta-9 THC” standard that counts tetrahydrocannabinolic acid (THCA) as part of the limit, which the plaintiffs argue goes beyond what lawmakers intended.

The lawsuit also challenges sharp increases in licensing and registration costs for businesses operating in the sector. According to the complaint, manufacturer license fees increased from $250 to $10,000 per facility, and retailer registration fees rose from $150 to $5,000 per location. Judge Gamble’s temporary restraining order did not extend to these fee changes, leaving that part of the regulatory package in place for now.

A hearing on a temporary injunction is scheduled for April 23. The industry groups are seeking a longer-lasting court order that would prevent the new restrictions from taking effect permanently, while the state agencies defend the rules they adopted.