A Travis County district judge has temporarily blocked enforcement of new Texas regulations that effectively banned the sale of smokable hemp products, including hemp flower and pre-rolled joints containing THC.
The ruling on Friday, April 10, 2026, by Judge Maya Guerra Gamble grants a temporary restraining order to the Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers. It halts the Department of State Health Services (DSHS) and Texas Health and Human Services Commission rules that took effect March 31. Those rules changed how THC is measured by including THCA in a 0.3% total THC threshold on a dry weight basis, making most smokable hemp products non-compliant with the legal definition of hemp.
The order allows businesses to continue selling smokable hemp products, such as flower buds and rolled joints, until at least April 23, when a hearing is scheduled. Judge Guerra Gamble also temporarily unblocked interstate sales of the products but deferred a decision on increased licensing fees to the next hearing, per the Texas Tribune.
Industry groups argued in their lawsuit that state agencies overstepped their authority by rewriting the statutory definition of hemp that lawmakers set in 2019. The new testing requirements, they said, effectively banned products that had been legal under state law.
The regulations stemmed from an executive order by Gov. Greg Abbott after the Legislature failed to pass a full ban on hemp-derived THC products during the 2025 sessions. A broader bill, Senate Bill 3, passed both chambers but was vetoed by Abbott, who directed agencies to pursue stricter regulations instead, as extensively covered by The Dallas Express.
The March 31 rules also significantly raised licensing fees for hemp-derived THC manufacturers from $258 to $10,000 per facility and retail registrations from $155 to $5,000. Businesses in North Texas, including in the Dallas-Fort Worth area, reported immediate impacts, with at least one shop facing closure and others concerned about furloughs and lost revenue.
Attorney Zachary Berg, representing the state agencies, noted that the total THC approach aligns with upcoming federal changes scheduled for November, but said the state moved to comply early, The Texas Tribune reported. The judge’s order preserves business operations while the broader legal challenge proceeds.
The dispute highlights ongoing tension in Texas over hemp-derived products since the 2018 federal Farm Bill legalized hemp with less than 0.3% delta-9 THC. State efforts to regulate or restrict intoxicating hemp products, including delta-8 and THCA variants popular in smoke shops, have continued through both legislative and regulatory channels. Edibles and other non-smokable forms remain largely unaffected by the paused rules.
A full hearing on April 23 will determine whether the temporary block will remain in effect while the lawsuit continues.