Texas Judge Halts Enforcement of New Ban on Smokable THCA Hemp Products

A Texas district court judge has issued a temporary restraining order blocking the enforcement of new state regulations that would have restricted access to hemp-derived products, including smokable THCA flower. The order, handed down by Judge Guerra Gamble in Travis County, comes in response to a lawsuit filed by a coalition of hemp industry leaders and advocacy groups. These groups argue that the Texas Department of State Health Services (DSHS) and the Health and Human Services Commission (HHSC) overstepped their authority by imposing restrictions that lawmakers had explicitly declined to enact

The legal challenge centers on claims that the new rules are an unconstitutional overreach, bypassing the legislative process and imposing regulations that state lawmakers and the governor did not approve. Jason Snell, attorney for the plaintiffs—which include the Texas Hemp Business Council (THBC) and Hemp Industry & Farmers of America (HIFA)—stated during Friday's hearing, 'Here we are today, with the regulators attempting to do what the legislators could not and did not do, and that’s illegal.' Snell further emphasized the human cost, arguing, 'Thousands of people lose their products, their lifetime investments, their businesses, their jobs, everything they poured their heart and soul into.'

The temporary restraining order will remain in effect for 14 days as the court considers the broader merits of the case. At the heart of the dispute is a regulatory change that redefines legal hemp in Texas by adopting a 'total delta-9 THC' limit, which includes THCA in its calculation using a post-decarboxylation formula. This shift significantly narrows the types of hemp products that can be legally produced and sold in the state, despite the existing 2019 law that permits cannabis products with less than 0.3 percent delta-9 THC

State attorneys have defended the new rules as necessary to comply with anticipated federal changes, which may impose a stricter definition of legal hemp starting in November. However, the lawsuit also contests a sharp increase in licensing fees for manufacturers and retailers, with costs for a manufacturer license rising from $250 to $10,000 per facility and retailer registration jumping from $150 to $5,000 per location. The judge declined to halt the new fee structure, but the lawsuit maintains that these measures replace, rather than implement, the legislature’s policy choices

Recent polling data suggests that Texas voters are dissatisfied with how state leaders have handled cannabis policy, with 40 percent expressing disapproval and only 29 percent approving of current approaches. Meanwhile, efforts to further restrict hemp products through legislation were vetoed by Governor Greg Abbott, leaving the issue unresolved in the legislature. The next hearing on the motion for a temporary injunction is scheduled for April 23, as industry stakeholders and regulators await a final decision

From the OG Lab newsroom perspective, this legal battle highlights ongoing tensions between state regulators and the hemp industry over the boundaries of rulemaking authority. The case is significant for Texas’s burgeoning hemp market and could set a precedent for how regulatory agencies interpret and enforce cannabis laws in the absence of new legislative action. Industry participants and observers will be watching closely as the court weighs the balance of power between lawmakers and regulators in shaping the future of hemp and cannabis products in Texas