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Travis County Judge Halts Texas Ban on Smokable Hemp Sales

Source: Politics – Houston Public Media3 min read

Key Takeaways

  • A Travis County judge issued a temporary restraining order blocking state rules banning smokable hemp sales in Texas.
  • The judge found the DSHS rules caused "irreparable harm" to businesses by effectively prohibiting a majority of their product sales.
  • The lawsuit challenges DSHS's authority in changing the "total THC" calculation and implementing rapidly escalating fines.
  • Higher annual licensing fees for hemp businesses, ranging from $5,000 to $10,000, were not blocked by the judge's order.
  • The temporary order lasts two weeks, with a hearing on April 23 to consider a longer injunction.
Smokable hemp products? They're back on shelves in Texas, at least for now. A Travis County judge just hit the brakes on new state rules that had effectively banned their sale. This is a big win for businesses and customers alike, even if it's just a temporary fix. You see, the Texas Department of State Health Services (DSHS) put out some new rules on March 31. These rules changed how they measure THC levels in hemp. This new calculation made it almost impossible to sell products like hemp flower or concentrates. The new math pushed them over the legal THC limit. For a lot of Texas businesses, these smokable products make up most of their sales. So, you can imagine the panic. Hundreds of shops faced shutting down. A group of businesses, including the Texas Hemp Business Council, quickly sued. They argued DSHS went too far, stepping outside its legal authority. They said the damage was happening right now – businesses were already closing their doors. One lawyer even described it like a "wave rolling into a beach that gets bigger." Travis County Judge Maya Guerra Gamble heard their arguments. On Friday, she issued a temporary restraining order. This order specifically blocks the part of the new DSHS rules that bans smokable hemp sales. That means for the next couple of weeks, shops can sell these products again. This isn't a permanent ruling, but it gives the industry some breathing room. Now, it wasn't a total win for the businesses. The judge didn't block the other big change DSHS made: massively higher annual fees. Retailers used to pay $150 a year; now it's $5,000 per spot. Manufacturers saw their fees jump from $250 to $10,000 per facility. So, while you can sell smokable hemp, it's going to cost a lot more to stay open. The lawsuit itself isn't trying to undo *all* the new rules. Things like child-resistant packaging or clearer labels? Those are fine. The fight is really about the "total THC" calculation and those steep fees and escalating fines. The Texas Attorney General's Office, defending DSHS, said the rules just clarify existing law. But the judge felt the immediate harm to businesses was too great to let the ban stand. This temporary order lasts for two weeks. Then, on April 23 at 9 a.m., there's another hearing scheduled. That's when we'll find out if these rules stay blocked for even longer while the court case plays out. It's a high-stakes legal battle for Texas small businesses.