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Home U.S.

Texas hemp fight heads to court as smokable product ban hangs in the balance

by LJ News Opinions
April 28, 2026
in U.S.
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A Texas judge will decide whether new hemp rules, including a smokable product ban, can take effect — a move that could reshape the industry within days.

HOUSTON — A high-stakes legal battle over hemp products in Texas is unfolding in court today, with a decision that could reshape the industry within days. A judge in Austin will determine whether new state health rules remain blocked or take effect, impacting businesses, consumers and manufacturers statewide.

What we know

  • A judge in Austin is hearing arguments over Texas hemp regulations
  • The hearing is expected to last three days
  • The rules would ban smokable hemp products and add new restrictions
  • A temporary restraining order is currently blocking parts of the rules
  • That order expires May 1
  • A ruling could determine whether enforcement begins soon

What’s happening in court

The hearing is part of a three-day legal proceeding focused on whether new hemp rules from the Texas Department of State Health Services should move forward or remain on hold.

Those rules took effect at the end of March but were quickly challenged in court.

A judge will now decide whether to keep them blocked while the case continues or allow enforcement to begin.

What the rules would change

The proposed changes would significantly alter how hemp products are sold and manufactured in Texas.

They include a ban on smokable hemp products, new requirements for childproof packaging and increased costs for manufacturers.

Advocacy groups and business owners argue the changes could effectively shut down the industry.

What business owners and advocates are saying

Some business owners and attorneys say they were relieved when the rules were paused weeks ago.

“Couldn’t come soon enough,” said Kyle Arora, partner at THC Club.

“Unmitigated joy not from my clients but from people that consume. Veterans that came by my office,” said David Sergi, attorney at Sergi Associates.

Attorneys representing hemp businesses argue the state overstepped by redefining THC limits and testing standards.

Opposing views

Some anti-marijuana advocates support the restrictions, arguing smokable hemp products should be banned entirely.

What happens next

A temporary restraining order is currently blocking key parts of the rules, including a new THC threshold that would eliminate smokable products.

That order is set to expire May 1, making this hearing critical.

If the judge grants a temporary injunction, the rules will remain blocked as the case moves forward.

If not, enforcement of the new regulations could begin within days.

Got a news tip or story idea? Email us at [email protected] or call 713-521-4310 and include the best way to reach you

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