We hate to be the bearers of bad news, but today, we’re here to share two major developments in the Texas hemp industry:
- The Texas Hemp Business Council (THBC) injunction on the new 2026 hemp regulations has been stayed; therefore, flower products are banned in Texas.
- Our Delta-8 lawsuit has been dismissed by the Texas Supreme Court, and Delta-8 is likely to be banned.
So, as of today (6/5/2026), hemp flower products are banned in Texas, but Delta-8 products are not yet illegal, though that may change in the near future.
For more details, watch the videos below, in which Lukas Gilkey, our Co-founder and CEO, distills recent developments surrounding hemp in the Lone Star State.
THCA Flower Ban Update
On March 26, 2026, the Texas Department of State Health Services (DSHS) rolled out new rules regarding hemp in the Lone Star State, including:
- $10,000 annual manufacturing fees
- $5,000 annual retail fees
- Revised testing standards
- Updating packaging, labeling, and inspection requirements
- THCA is being included in the total THC calculations
Although some of the changes were positive (testing standards and requiring child-resistant packaging), many were detrimental to the hemp industry in Texas. In response, the THBC filed a lawsuit against the state, and a
temporary restraining order was granted. As of today, that temporary restraining order has been stayed, or in plain English, it’s no longer in effect.
While most of these changes impact businesses in the state, the biggest one facing consumers is the fact that now THCA will be included in the total THC calculations for hemp and hemp products. Originally, hemp was defined as cannabis with 0.3% or lower concentration of Delta-9 THC by dry weight.
But now, with total THC being included in that calculation, that would effectively mean the ban of all THCA flower products in the state starting today.
Delta-8 (Likely) Ban Update
As mentioned earlier, as of this writing, Delta-8 THC is still legal in Texas, but that might all change soon. That’s simply because the Texas Supreme Court has dismissed our lawsuit.
For those unfamiliar, back in 2021, DSHS tried to declare Delta-8 illegal but didn’t follow the proper procedures. Hometown Hero sued the state and obtained a
temporary injunction protecting Delta-8 from 2021 until 2026.
Essentially, what happened is that the court ruled that DSHS does have the authority to declare Delta-8 a controlled substance, but did not go through the proper procedures to do so.
So what does that mean?
Basically, DSHS can now move forward with banning Delta-8 THC by going through the proper procedures. As of this writing, Delta-8 is still legal to purchase and sell in Texas, but that may change at any time.
In short, Delta-8 is on the chopping block.
Rally Your Retailer
The fight for Texas hemp is far from over. Although THCA and (essentially) Delta-8 are off the board, you can surely bet that anti-hemp special interests won’t stop there. Delta-9 products have not been affected by these recent developments, and we need all the help we can get to fight further threats.
If you have a favorite brick-and-mortar shop here in Texas, we urge you, as the consumer, to talk with them about joining the
Texas Hemp Business Council (THBC) and becoming part of the fight to protect hemp.
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