A Travis County judge temporarily blocked the statewide ban on the sale of natural hemp products, until at least April 23.
The ban, which originally went into effect on March 31, issued a new set of regulations on consumable hemp-derived tetrahydrocannabinol (THC) products. The regulations include child-resistant packaging, a significant increase in licensing fees and new labeling, testing and bookkeeping requirements. Under the regulations, Texans will no longer be able to buy smokable hemp products.
In early April, Judge Maya Guerra Gamble granted the Texas Hemp Business Council and several Texas-based dispensaries and manufacturers a temporary restraining order against the new testing requirements.
Under previous legislation, hemp products were deemed legal if they contained less than 0.3% delta-9 THC. Delta-9 is the primary psychoactive cannabinoid found in the cannabis plant, responsible for creating the “high.”
The ban decreases the THC concentration to a mandatory 0.3%, eliminating all smokable hemp products, such as rolled joints, Cannabidiol (CBD) vapes and hemp cigarettes.
The new regulations include a “total THC” testing standard that includes THCA, a compound that converts into THC when heated. However, most smokable hemp naturally contains higher levels of THCA, effectively banning a large share of inventory.
In response to the ban, the Texas Hemp Business Council and Hemp Industry & Farmers of America filed a lawsuit, alleging regulators overstepped their authority that agencies cannot rewrite the definition of hemp without legislative approval.
The plaintiffs state that the ban challenges the 2018 farmers bill that defined what constitutes hemp, even though they support the regulation of THC.
“This lawsuit challenges certain administrative rules adopted by [Texas Health and Human Services Commission] HHSC and [Texas Department of State Health Services] DSHS effective March 31, 2026, that conflict with this legislative framework and exceed the agencies’ delegated authority,” the lawsuit stated. “However, Plaintiffs do not challenge the new rules enacting age-verification requirements and related consumer protections.”
Guerra Gamble agreed state regulators exceeded their powers and granted the injunction.
State officials, such as Lt. Governor Dan Patrick, have pushed for tighter regulations, citing safety concerns.
Even with safety at the forefront of legislation, Rose Marie, an employee at Exotic Puff and Stuff in San Marcos, said the ban will likely make it more dangerous for those looking to consume smokable hemp products.
“I’ve already seen articles online describing a new drug stronger than fentanyl that is killing kids already because it is being laced in weed sold on the streets,” Marie said. “As a mom, I don’t want my child to [be exposed] to that, and as a partaker, I don’t want to [take that risk].”
The ban directly impacts employees and businesses selling hemp products, as they usually take up the majority of a store’s inventory, according to Marie.
“We lost out on a lot of business,” Marie said. “[At] our shop, personally, we get bonuses on our sales, but because of the ban, we don’t get those bonuses anymore. As a team, we’re an all-girls smoke shop. A lot of us are moms, we’re just trying to make it.”
Marie said most people who come to the shop are simply seeking relief, and taking the products away will do more harm than good.
“There are a lot of people that come in [to the shop] hurting and in pain, needing the THC-delta mix to help them,” Marie said.
While there are medically proven benefits to substance use, Kelly Clary, associate professor in the school of social work, said understanding there are two sides to the same coin is important.
“There are medical reasons that have been proven to be effective through clinical trials,” Clary said. “We’re still understanding as researchers how different substances impact humans. The understanding of medical reasons is still evolving, and we truly do need more research to understand how it can help people positively.”
Clary said conversations about substance use need to continue, regardless of how people view the topic.
“Talking about these things is truly important,” Clary said. “I want the youth to have the information and the education to make informed decisions … I think bringing awareness is important and empowering for everybody in society.”
An April 23 hearing will determine whether or not smokable hemp will remain legal in Texas. Over 13,000 stores registered to sell hemp products await the verdict.
