May 26 Update: Is Delta-8 Banned in Texas?

On Tuesday, May 26, 2026, Hometown Hero received an important update from its legal counsel regarding the status of Delta-8 in Texas. 

While the court will lift the temporary injunction on Delta-8 in Texas on May 28, 2026, Delta-8 will remain legal in Texas for the time being. 

For a more detailed explanation, watch the video below as Cynthia Cabrera, our Chief Strategy Officer, breaks down our legal team’s latest analysis. 

5.26 Update from Cynthia Cabrera  

Background

So, as you probably know by now, hemp (cannabis with a 0.3% or lower concentration of Delta-9 by dry weight) was legalized on a federal level with the 2018 Farm Bill, and then Texas legalized hemp under the same definition with HB 1325 in 2019.

Although 2025 saw the most heated fight for hemp access in the Lone Star State, several attempted bans occurred beforehand. One famous ban attempt occurred in late 2021, after that year's legislative session, when the Texas Department of State Health Services (DSHS) declared Delta-8 illegal on its website.

Almost overnight, this move threw the Texas hemp industry into complete disarray. In response, Hometown Hero led the fight against the attempted ban, and a temporary injunction was granted for Delta-8 products in Texas.

In plain English, a temporary injunction is essentially a “pause button” issued by a court to prevent harm or to prevent certain actions from occurring until the court decides the final outcome.

The Delta-8 case has since dragged on for 5 years, making its way to the Texas Supreme Court twice. In its latest ruling, the court determined that our challenge to the Delta-8 ban could not proceed further.

Therefore, the injunction is being lifted on May 28, 2026, and DSHS may once again attempt to ban Delta-8, but it must follow certain procedures to do so. 

Mid-June 2026 Rehearing

As mentioned earlier, although Delta-8 won’t be banned in Texas on May 28, 2026, DSHS can still proceed with the processes required to ban it. 

Because of this looming threat, Hometown Hero has filed for a rehearing for this case. Essentially, a rehearing means the court will have to go through the case again and ensure it made the proper ruling.

The rehearing on the legality of Delta-8 in Texas will take place in mid-June. What’s important for you to know is that for this rehearing, there will be a process in which the court will let us know if the Delta-8 injunction will go back in place.

What Does This Mean For You?

While Delta-8 won’t be banned in Texas on May 28, 2026, DSHS can still move forward with the processes to ban it in our state. 

So as of this writing, you can still purchase Delta-8 in the state of Texas on or after May 28, 2026, until the DSHS possibly moves forward with the procedure to ban Delta-8.

 Even if the DSHS does move forward with the proper procedures to make Delta-8 illegal in Texas, such a change cannot happen overnight, and there will be plenty of time to make adjustments. 

We apologize if our previous update has caused any inconvenience or confusion. We are only acting on the latest information on this case as we get it, and want to share it with you as soon as we get it. 

Until next time.