Smokeable Hemp Ban Lifted in Texas

TRAVIS COUNTY, Texas (TXAN 24) - A Travis County judge has temporarily lifted Texas’ controversial ban on smokable hemp products, delivering a major win for the state’s multibillion-dollar hemp industry—at least for now.

The ruling pauses enforcement of new regulations that took effect March 31, which effectively outlawed smokable hemp by changing how THC is calculated. State health officials began counting THCA—a non-psychoactive compound that converts to THC when heated—toward the legal limit, making most hemp flower and pre-roll products illegal overnight.

Industry leaders quickly pushed back, arguing the Texas Department of State Health Services overstepped its authority by implementing what they called a “backdoor ban” without legislative approval. A coalition of hemp businesses filed suit, warning the rules could wipe out a significant portion of the market and force closures statewide.

The court sided, at least temporarily, blocking the smokable hemp ban and allowing retailers to resume sales while the legal battle continues. The pause will remain in effect until a scheduled injunction hearing later this month.

The original rules were part of a broader crackdown ordered by Governor Greg Abbott after lawmakers failed to pass sweeping THC restrictions during the last legislative session.

Alongside the smokable ban, the regulations also introduced stricter testing, packaging requirements, and sharply increased licensing fees for businesses.

For now, hemp retailers across Texas are back in business—but the future of smokable products remains uncertain as the case moves forward. The outcome could reshape how Texas regulates THC and hemp-derived products for years to come.