Texas Smokable Hemp Ban Temporarily Blocked by Court

Smokable hemp is allowed back on Texas retailers' shelves — at least for another week.

The 15th Court of Appeals on Thursday temporarily reinstated Texas' ban on smokable hemp products, only for the same court to pause the restrictions again hours later. The ban will remain on hold while the appeal continues, with responses in the case due May 15.

The hour-by-hour policy changes have left hemp retailers and consumers across the state in limbo.

The latest twist stems from a lawsuit filed by hemp industry groups and Texas businesses challenging new state regulations that would effectively outlaw many hemp flower and pre-rolled products sold in stores statewide.

The contested rules were adopted earlier this year by the Texas Department of State Health Services. The rules change the way THC is measured in hemp products by using a “total THC” standard, instead of measuring only delta-9 THC. Industry groups argue the shift would ban a large portion of products currently sold legally in Texas, particularly smokable hemp flower products marketed as THCA.

The statewide ban on the sale of smokable hemp was supposed to go into effect on March 31, but after lawyers representing the hemp industry filed a lawsuit seeking to block the ban, a Travis County district judge lifted it until May 1.

Travis County Judge Daniella Deseta Lyttle last week ruled to continue blocking enforcement of the ban until July 27 — the next scheduled district court hearing — but the ban was reinstated when the 15th Court of Appeals agreed to consider the state’s appeal Thursday morning, according to the Texas Tribune.

Later the same day, the same court ruled to pause enforcement again, allowing retailers to continue selling the products for now.

“We are very pleased that the Texas Court of Appeals did the right thing by reinstating the injunction,” said David Sergi, an attorney for the hemp industry, in a statement. “The veterans, elderly, and the approximately 30,000 employees in our industry thank the court, and we look forward to obtaining a permanent injunction and protecting these businesses by embracing the governor’s vision as outlined in his veto message.”

The legal fight over Texas hemp regulations

The most recent legal fight comes after months of debate in Texas over how aggressively the state should regulate hemp-derived THC products.

Last year, Gov. Greg Abbott vetoed a bill that would have broadly banned intoxicating hemp products and instead called for tighter regulation of the industry.

State regulators have since moved to impose stricter rules, including tougher testing requirements and increased licensing fees of 3,000%.

Business owners in the hemp industry have argued the state exceeded its authority by effectively rewriting Texas hemp law through rulemaking rather than legislation. The state’s hemp market has grown into a multibillion-dollar industry since hemp was federally legalized in 2018, but the industry’s viability is now in question amid pending litigation on both the state and federal levels.