On May 1, 2026, two major developments occurred within the Texas hemp industry:
- The 261st District Court granted our temporary injunction for the new 2026 hemp rules.
- We lost our 2021 Texas Supreme Court case; that injunction will still hold
So what does that mean for canna-savvy Texans? That’s what we’re going to cover in this blog post.
Update from CEO Lukas Gilkey
Texas Hemp Temporary Injunction 2026
In 2025, the Texas hemp industry fought tooth and nail to thwart yet another ban. A full hemp-derived THC ban did pass through both the Texas House and Senate, but it was vetoed in the 11th hour by Governor Greg Abbott.
But that didn’t quite stop prohibitionists from trying to take jabs at hemp.
Fast forward to earlier this year, and the Texas Department of State Health Services (DSHS) made several changes to how hemp is to be regulated in the Lone Star State, including:
- Redefining hemp
- Blocking interstate commerce
- Egregious fee increases
- Excessive penalties
In response, the Texas Hemp Business Council (THBC) filed a legal challenge against the changes. First, a
temporary restraining order was granted that halted some of these changes to hemp regulation.
While most of these regulations were business-focused, from a consumer standpoint, it pretty much meant that
THCA products remained on shelves in the state.
As of May 1, 2026, a temporary injunction has been granted, further extending the state's prohibition on enacting certain new hemp regulations we challenged in our lawsuit. One major takeaway for consumers is that smokeable THCA products like concentrates will remain available in Texas until at least July 27, 2026.
Texas Delta-8 Temporary Injunction
If you’re thinking, “Wait…hemp…DSHS…temporary injunctions? Where have I heard that before?” then your memory does serve you right.
You may recall that
back in 2021, the DSHS tried to act as the state legislator and declare Delta-8 THC from hemp to be a controlled substance.
Essentially, the case reached the Texas Supreme Court, and on May 1, 2026, the Court ruled that the DSHS had the right to ban Delta-8 THC.
But, as our understanding (not legal advice), the injunction is still in effect despite this authorization.
Final Thoughts
While today has been full of substantial developments for hemp in the Lone Star State, you will still be able to find many of your favorite products on shelves and available for order online. The legal landscape is still evolving, but for now, the temporary injunction continues to provide important protections as these cases move forward. We’ll continue to closely monitor every update, advocate for the Texas hemp industry, and keep you informed about what these changes mean for consumers and businesses alike.
.D03bkZte.png?w=50&h=55&q=100)
sativa
indica
