Smokeable hemp products across Texas are once again subject to an effective statewide ban after a new round of court actions reinstated state regulations while an appeal moves forward.
State attorneys filed an appeal this week challenging a Travis County district court decision that had temporarily extended a pause on the rules restricting smokeable hemp. The state’s 15th Court of Appeals agreed to take up the case, and that decision immediately restored enforcement of the state’s regulations, forcing retailers to remove products such as hemp flower, pre-rolled joints, and similar items from shelves again.
The legal back-and-forth comes after a brief period in which the industry had regained limited relief. A district court initially paused the state’s ban in April following a lawsuit from hemp businesses. That pause was later extended by Judge Daniella DeSeta Lyttle, allowing continued sales until a scheduled hearing later this summer. However, the appellate court’s decision to hear the state’s challenge effectively reversed that reprieve for now.
Industry attorneys quickly responded by asking the appeals court to reinstate the injunction that would once again block enforcement of the ban until the case is fully reviewed. A ruling on that request is expected within days, while a broader hearing remains set for late July.
The ongoing litigation has created significant instability for Texas hemp retailers and manufacturers, who have faced rapidly shifting rules over the past several months. At issue are new state regulations issued by the Texas Department of State Health Services that redefine compliance testing standards for hemp products. The rules require testing based on total THC content, including compounds that may become intoxicating when heated or smoked, effectively disqualifying many popular smokeable hemp products.
The state has also implemented steep increases in licensing fees for hemp businesses and added restrictions on retail operations, including limits on out-of-state sales. Industry groups argue these changes amount to a de facto ban that exceeds the agency’s authority and contradicts the original 2019 Texas hemp legalization framework.
During recent court proceedings, attorneys representing hemp businesses argued that state regulators overstepped by redefining statutory limits established by lawmakers. They maintain that administrative agencies cannot rewrite legislative definitions or impose restrictions that fundamentally alter the legality of hemp-derived products.
State attorneys counter that regulators are acting within their mandate to protect public health and ensure compliance with evolving federal standards. They point to updated federal interpretations of hemp THC limits as justification for aligning state rules more closely with stricter testing requirements, even though those federal standards are not yet fully in effect.
The dispute is unfolding alongside a separate Texas Supreme Court ruling that upheld the state’s authority to ban delta-8 THC, a related hemp-derived compound. That decision strengthened the state’s position that health regulators have broad discretion over controlled substances, a precedent that could influence the outcome of the smokeable hemp case.
Economic concerns remain central to the debate. Industry representatives claim that the regulatory changes have already led to substantial revenue losses, business closures, and disruptions in agricultural production. State officials, meanwhile, have cited public safety concerns, particularly regarding youth exposure and inconsistent product labeling.
