A Texas judge has stopped a statewide ban on smokable hemp products, giving the hemp industry a temporary but critical win. The ruling, issued Friday, blocks enforcement of new state rules that would have removed popular items like hemp flower and pre-rolled joints from the market.
The decision came after three industry groups and several Texas-based companies filed a lawsuit. They argued the state’s health department exceeded its authority and placed the entire hemp sector at risk.
At the center of the dispute is a regulatory shift made in March. Texas expanded its THC limits beyond Delta-9 THC to include all forms of the compound. Under the new rule, any detectable level above 0.3% total THC—regardless of type—would violate state law.
That change swept in a wide range of cannabinoids, including Delta-8 and other variants. Only CBD and CBG were excluded. The broader definition effectively shut down smokable hemp sales. Earlier restrictions had already banned vapes and e-cigarettes containing cannabinoids.
Businesses say the impact was immediate and severe. Hemp producers have relied on compounds like THCA, which is non-psychoactive until heated, to stay within federal guidelines while still offering marketable products. When burned or vaporized, THCA converts into Delta-9 THC, raising legal questions under the new rule.
Industry representatives welcomed the court’s intervention.
“We are obviously excited about this ruling,” said Jason Snell, an attorney representing the plaintiffs.
“[The judge] issued a statewide injunction which prohibits what we believe are illegal rules from going into effect, which would cripple the hemp industry statewide and deprive consumers and every day Texans from access to legal products,” Snell said.
The legal fight reflects a broader clash between lawmakers and regulators. Last year, the Texas legislature passed a bill aimed at banning many hemp-derived products. Governor Greg Abbott vetoed that measure, leaving the issue unresolved. The state health department later attempted to enforce similar restrictions through administrative rules.
Friday’s ruling extends a temporary restraining order that was set to expire the same day. The new injunction applies statewide and covers all consumable hemp products, allowing businesses to continue operating while the case moves forward.
