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Texas smokable THC products back under statewide ban — here's why
Texas retailers may again have to remove THC flower and other smokable hemp products from shelves.
Published May 7, 2026 at 7:40pm by Faith Bugenhagen

Smokable THC products are back off the shelves in Texas after the state filed an appeal of an earlier Travis County court ruling.
In yet another reversal in the back-and-forth moves revolving around the legality of THC, Texas retailers are going to have to start yanking products back off their shelves after the state filed an appeal of a Travis County court ruling this week.
Lawyers for the state filed to challenge Travis County Judge Daniella Deseta Lyttle's ruling last week, which paused a statewide ban on the sale of smokable hemp that temporarily went into effect on March 31.
Texas' 15th Court of Appeals agreed to hear the appeal on Wednesday, according to the Texas Tribune, effectively reinstating the pre-existing ban on smokable products, including flower, pre-rolls and many concentrates.
What happens to smokable hemp products now?
Lawyers representing the hemp industry challenged the state's appeal request, asking the appeals court on Wednesday to reinstate the temporary pause on the ban until the next hearing in the case, scheduled for July.
The appeals court is expected to issue a decision on the request this week.
Reversal after reversal
The latest back-and-forth marks a continuation of prolonged efforts largely led by Republican lawmakers to implement a statewide ban on THC products across Texas.
The initial March 31 smokable hemp ban, alongside a laundry list of new regulatory practices for retailers and manufacturers approved by the Texas Department, lasted roughly a week before a Travis County ruling temporarily blocked the parts of the new rules that enforced the ban.
The lower court decision reopened the legal lane for companies to return to selling consumers THC flower, concentrates, syringes and other such products.
Now, that reopened window will shut again, at least for now.
