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VIDEO: We're Suing Texas Over Its New Hemp Rules...

Table of Contents

Key Takeaways
  • This video discusses the legal action taken by the Texas Hemp Business Council (THBC) against the Texas Department of State Health Services (DSHS) regarding new hemp regulations implemented on March 31st.
  • The industry is seeking a temporary injunction to stop these rules from being enforced.
On April 8, 2026, the Texas Hemp Business Council (THBC) filed a legal challenge against the Texas Department of State Health Services (DSHS). The lawsuit primarily covers four areas: redefining hemp, interstate commerce, dramatic fee increases, and excessive penalties.

If you would like to read the lawsuit, you can read it in its entirety on the THBC website or find out everything you need to know from THBC Founder & President Cynthia Cabrera in the video below.

An Update from Cynthia Cabrera


Key areas being challenged in the lawsuit include:
  • Redefinition of hemp: The lawsuit argues that the state is reinterpreting the statutory definition of hemp, particularly regarding flower products.
  • Blocking interstate commerce: Concerns regarding the constitutionality of the new rules and their impact on commerce.
  • Egregious fee increases: The THBC contends that the massive hikes in licensing fees—such as increasing retail fees from roughly $155 to over $5,000—lack legal justification and exceed the actual costs of enforcement.
  • Excessive penalties: The penalties for potential violations are viewed as disproportionate to the infractions.
  • Next Steps: The legal team is filing for a Temporary Restraining Order (TRO), with a hearing expected within 24-48 hours of filing.

If the TRO is granted, a hearing for a temporary injunction will follow in about two weeks. The THBC is encouraging industry members to support the legal fund via their website, as the case is expected to be costly and likely to face appeals from the state.

About the THBC

In 2024, Hometown Hero helped found the Texas Hemp Business Council to fight for hemp access across the Lone Star State. From producers and growers to retailers and consumers, the THBC works to unify different parts of the Texas hemp industry to fight attempts at prohibition and hindrances. 

It was through the organized efforts of the THBC that Texas hemp survived previous ban attempts, such as SB3 and the related bills that followed.

Next Steps

Right now, we’ve filed a temporary restraining order (TRO). Whether that TRO goes through or not, we’ll know within the next 48 hours, and we’ll definitely keep you posted on its status. Then, if we do get the TRO, there will be a temporary injunction in about two weeks.

However, if we don’t get the TRO, we will file for a temporary injunction. If you’ve been following us since 2021, you might remember that we weren’t able to get a TRO for the Delta-8 ban, and as you know, we ended up winning that fight.  

For more updates, you can visit the THBC website or Instagram account, or send questions to info@texashempbusinesscouncil.com.

And finally, if you would like to donate to this cause (because lawsuits aren’t cheap) you can make a donation on this page. 
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