AUSTIN, Texas – The ban on many hemp products being sold in Texas can be enforced while a legal challenge plays out, a court has ruled.
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What we know:
The order from the 455th District Court in Travis County on Friday means that an injunction that was issued by a lower court in May is no longer in effect.
The state’s so-called “Total THC” rules were supposed to take effect March 31, but have been blocked by courts off-and-on since then.
The new regulations require child-resistant packaging and testing. They also set a 0.3% THC limit for consumable hemp products, and hike licensing fees for retailers from about $250 to $10,000 in some cases.
Texas legalized hemp production in 2019.
Kaab Malik, owner of iVape ATX, reaches for a strain of smokeable hemp at his shop on Guadalupe Street in Austin, Monday, March 30, 2026. (Mikala Compton/The Austin American-Statesman / Getty Images)
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What they’re saying:
Advocates for the hemp industry said the rules would essentially force them to discard a large amount of inventory, and run them out of business. They also argued that the increased fees essentially amount to an “unconstitutional occupation tax.”
Attorneys for the state argued that the rule is a public safety necessity. They called THC-A, a non-intoxicating compound found in most smokable hemp products, “marijuana in waiting” since it converts to an intoxicating form of THC called Delta-9 when heated.
What’s next:
A trial on the merits of the case is scheduled to begin in Travis County on July 27.
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