In a victory for the hemp industry, a Travis County judge ruled that smokable hemp products that were banned last week can once again be sold in shops for now.
Smokable hemp ban temporarily lifted, shops can sell smokable products again, Texas judge saysFriday, April 10, 2026 10:35PMIn a victory for the hemp industry, a Travis County judge ruled that smokable hemp products that were banned last week can once again be sold in shops for now.
At a hearing on Friday, Judge Maya Guerra Gamble listened as the plaintiffs' and the state's lawyers went back and forth over whether the new rules enacted by the state are illegal. Lawyers for the plaintiffs argued that the new rules are illegal and that two state agencies are attempting to do what legislators could not accomplish last year when a bill banning THC was vetoed by Governor Greg Abbott. The plaintiffs argue that the Department of State Health Services and the Texas Health and Human Services Commission, the agencies behind the hemp ban, have overstepped their constitutional authority by rewriting the definition of hemp that was established in 2019, and the amount of THC allowed in a product. They also argue that penalties and retail license fees were set at unreasonable levels. In the meantime, the state is arguing that the new laws allow it to regulate smokable products based on THC, but also a chemical compound called THC-A. The state also argues that in November, Congress passed legislation that clarifies the definition of hemp based on TCH and THC-A, giving them the legal go-ahead. At the end of the hearing, the judge granted a temporary restraining order on the items related to the definition of THC, which means the ban is temporarily lifted and hemp products are allowed to be back on sale. The judge did not grant a temporary restraining order on the items related to the license fees and penalties. A shop owner who sells smokable hemp told Eyewitness News that he was putting the products back out as soon as he could.Copyright © 2026 KTRK-TV. All Rights Reserved.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Travis County denies bail to man charged in deputy constable's killing under Prop 3A judge has denied bond for the man charged with capital murder in the fatal shooting of a Caldwell County deputy constable outside an Austin nightclub, marking
Read more »
Texas hemp companies sue over smokable cannabis ban and higher feesCompanies seek immediate pause of rules, accusing Texas regulators of effectively banning smokable products, raising fees beyond what's allowed and sidestepping rulemaking requirements.
Read more »
Texas hemp industry sues to block state’s ban on smokable products, new feesHemp distributors and retailers argue the rules, which went into effect March 31, are designed to spell financial ruin for their industry.
Read more »
Texas' smokable hemp ban hits businesses as lawsuit challenges new rulesIt has been just over a week since Texas' ban on smokable hemp took effect, and some business owners say the new rules are already taking a financial toll - while a legal challenge aims to overturn it.
Read more »
Judge blocks new state rules that ban sale of smokable hempA Travis County judge agreed with plaintiffs that the some of the rules that took effect March 31 were causing irreparable harm.
Read more »
Judge temporarily blocks Texas ban on smokable THC productsA Texas judge has temporarily blocked a statewide ban on smokable THC products after businesses across the state filed a lawsuit to that end. The reprieve from the anti-hemp mandate is set to last for at least two weeks.
Read more »