A Texas judge has issued a temporary restraining order preventing the new state from being enforced Regulations restricting access to hemp-derived products such as THCA combustible flower.
Friday’s ruling comes in a lawsuit filed by a coalition of hemp industry leaders and advocacy organizations that effectively outlawed the state’s Department of State Health Services (DSHS) and Health and Human Services Commission (HHSC). ban the sale and manufacture of certain hemp consumable products.
Guerra Gamble Travis County District Court’s order suspends restrictions on hemp products for 14 days while the broader legal case is reviewed.
“This case is based on a constitutional separation of powers issue,” Jason Snell, an attorney for the Texas Hemp Business Council (THBC) and the Hemp Industry & Farmers of America (HIFA), said at a hearing Friday, calling the new restrictions imposed by regulators “illegal rules.”
“Here we are today, with regulators trying to do what lawmakers couldn’t and didn’t do, and that’s illegal,” he said. “What the legislature refuses to decide cannot be imposed by rulemaking. Rulemakers cannot exceed their authority and impose rules that are more restrictive than those enacted by the legislature.”
“Thousands of people lose their products, their lifetime investments, their businesses, their jobs, everything they put their heart and soul into,” Snell said. “They are already disappearing and may disappear forever unless this illegal regulatory framework is stopped.”
Zachary Berg, the state’s attorney, suggested at the hearing that the new rules are needed to comply with a federal law that is set to redefine legal marijuana under a restrictive new definition that will begin in November.
Under state law passed by the legislature and governor in 2019, the suit says cannabis products are legal if they contain no more than 0.3 percent delta-9 THC. But regulators at DSHS and HHSC recently approved a “total delta-9 THC” limit using a post-decarboxylation formula that includes tetrahydrocannabinolic acid (THCA) in the calculation.
Texas lawmakers passed legislation to severely restrict hemp products in the 2025 session, but Gov. Greg Abbott (R) vetoed it and did not make it into law.
The hemp industry lawsuit, which also lists Attorney General Ken Paxton (R) as a defendant, also calls into question large increases in business license fees that were approved by regulators. Under the new rules, the cost of a manufacturer’s license increased from $250 to $10,000 per facility, while the retailer registration fee increased from $150 to $5,000 per location.
On Friday, the judge did not order the removal of the new fees, however.
“These measures do not impose the policy choices of the Legislature; they supersede them,” the industry complaint says. “And they do so against the backdrop of a constitutional legislative process that ran its entire course — from the legislative passage of Senate Bill 3 to the governor’s veto, two failed special sessions — and produced an ambiguous result: no new law. Texas law does not allow agencies to override that result through rulemaking.”
“Texas has long promoted itself as a national leader in economic growth and regulatory stability. It is a state committed to fostering innovation, supporting legitimate businesses, and maintaining a predictable legal environment in which businesses can operate and invest,” he says. “Consistent with this vision, Texas has chosen to authorize and regulate the manufacture, distribution and sale of consumer hemp products (“CHP”) through a comprehensive statutory framework enacted by the Legislature in 2019.
“Plaintiffs acknowledge this framework and the State’s interest in ensuring that CHPs are produced and sold in a safe, responsible and lawful manner,” the lawsuit states.
In addition to an immediate temporary restraining order to block enforcement of the new rules, the plaintiffs are seeking a temporary and permanent injunctive relief. A hearing on the preliminary injunction request is scheduled for April 23.
Separately, Texas officials recently conditionally approved more new medical marijuana business licenses As part of a law being implemented to significantly expand the state’s cannabis program.
In the last month, Texas voters approved a question to legalize marijuana that showed up in the state’s Democratic primary voting.
A statewide survey released in February found that Texas voters don’t like how state leaders and lawmakers have handled marijuana and THC policy issues. In the poll, many voters (40 percent) said they disapprove of how their elected officials have approached the issue, according to the poll. 29 percent said they approve of how cannabis issues have been handled, while 31 percent said they had no opinion either way.
A separate survey released last year proved this A large number of Texas voters want the state’s marijuana laws to be “less stringent.” And among the issues examined by members of parliament in the last special sessions, the voters said that a proposal to deal with the regulation of hemp was one of the least important.
Meanwhile, the lieutenant governor and speaker of the House recently announced that the state will continue with their own ibogaine research program The drug companies did not submit proposals to meet the requirements and standards for receiving state funds under a recently passed law to begin clinical trials with the psychedelic.