A Travis County judge has temporarily blocked new state rules that would have banned the sale of smokeable hemp products in Texas, allowing stores to continue selling hemp flower and pre-rolled joints until at least late July.
District Judge Daniella DeSeta Lyttle issued the ruling Friday, extending a previous court order that paused the ban. The decision means hemp businesses can keep operating while the legal battle continues.
The pause will remain in effect until the next court hearing on July 27, though it could end sooner if the state appeals and wins.
Hemp industry groups, including the Texas Hemp Business Council and Hemp Industry & Farmers of America, along with several Texas dispensaries and manufacturers, challenged the new regulations in court.
During a three-day hearing this week, hemp industry lawyers argued that the Texas Department of State Health Services went beyond its authority by changing hemp definitions that state lawmakers created in 2019.
State attorneys defended the new rules, saying Texas law requires the health department to protect Texans' well-being when making regulations.
But Judge Lyttle disagreed, finding that the rules were causing "irreparable harm" to the hemp industry.
What the Ruling Covers
The temporary injunction blocks two key changes the state wanted to implement:
- New testing rules that would set a 0.3% limit on total THC content, which hemp businesses say would effectively eliminate natural smokeable hemp products
- Massive fee increases for hemp retailers — a jump of 3,000% in licensing costs
Related Development
In a separate case that could impact the hemp industry, the Texas Supreme Court on Friday upheld the state's ban on delta-8 THC, another hemp compound. Delta-8 products have been off store shelves since 2022, leading to delta-9 THC becoming more common in hemp products.
What Happens Next
The legal fight will continue with the July 27 hearing, where the judge will decide whether to make the injunction permanent or allow the state's hemp regulations to take effect.
For now, Texas hemp retailers can continue selling their products as usual while the courts sort out the dispute between state regulators and the hemp industry.
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