A Travis County judge has stopped Texas from enforcing a new statewide ban on smokable hemp products containing THC, handing hemp businesses a critical lifeline just weeks before the rules were set to wipe out an entire segment of the market.
AUSTIN — On April 10, 2024, District Judge Karin Crump granted a temporary injunction that blocks the Texas Department of State Health Services from implementing rules that would have outlawed the manufacture and sale of smokable hemp flower, pre-rolls, and vapes containing any detectable amount of THC, including delta-8 and delta-9.
The ruling keeps thousands of Texas hemp retailers, manufacturers, and farmers in business for now and marks the second time in three years that courts have stopped state officials from banning popular hemp-derived intoxicants.
What the Judge Actually Blocked
Judge Crump’s order specifically halts enforcement of the DSHS rules published in October 2023 that classified all smokable hemp products as “consumable” and therefore illegal to produce or sell in Texas.
The rules were scheduled to take effect on March 1, 2024, but DSHS delayed enforcement until May 1 while litigation played out. Wednesday’s injunction extends that delay indefinitely until a full trial can determine if the agency overstepped its authority.
Four Texas hemp companies — Hometown Hero, Texas Cannabis Collective, Austin-based retailer Restarte, and cultivator Andrade Farms — brought the lawsuit. They argued the health department ignored legislative intent when it tried to ban an entire category of products through administrative rules rather than new legislation.
Years of Back-and-Forth Over Delta-8 and Smokables
Texas legalized hemp farming and sales in 2019 after Congress removed hemp from the controlled substances list in the 2018 Farm Bill. The state law, House Bill 1325, explicitly allowed the sale of consumable hemp products containing no more than 0.3% delta-9 THC.
Almost immediately, entrepreneurs began selling delta-8 THC products derived from hemp, which produce effects similar to traditional marijuana but remain legal under federal law.
State officials, led by Attorney General Ken Paxton and the Department of Public Safety, have fought these products tooth and nail.
In 2021, DSHS added delta-8 to the Texas Controlled Substances Schedule, only to have that move blocked by a different Travis County judge. Lawmakers then tried and failed to ban delta-8 in both the 2021 and 2023 legislative sessions.
Frustrated by the Legislature’s refusal to act, DSHS took matters into its own hands last fall by writing new rules that effectively banned smokable hemp and tightened restrictions on all THC-containing products.
Economic Impact Runs Into Hundreds of Millions
Texas hemp industry advocates estimate the smokable segment alone generates between $200 million and $400 million annually in retail sales.
More than 6,000 licensed hemp retailers across the state sell smokable flower and vapes, according to the Texas Hemp Business Council. Many of those stores opened specifically to sell delta-8 products after traditional cannabis remained illegal.
Without Wednesday’s ruling, most of those businesses would have lost 70-90% of their revenue overnight.
“This isn’t just about keeping delta-8 on shelves,” said Chelsie Spencer, attorney for the plaintiff companies. “This is about whether unelected bureaucrats can outlaw an entire industry that the Legislature deliberately chose to protect.”
Consumers Celebrate Continued Access
Texas adults who rely on delta-8 and hemp-derived delta-9 products for pain, anxiety, sleep, or simple recreation flooded social media with relief after the ruling.
Many users say these products provide the benefits of cannabis without the high cost or legal risk of black-market marijuana in a state where possession of small amounts can still land someone in jail.
“I spent years scared to buy weed because of my job,” said Sarah Thompson, 34, of Dallas, who uses delta-8 vapes daily. “This ruling means I don’t have to go back to living in fear.”
What Happens Next
The temporary injunction keeps smokable hemp products legal while the case moves forward. A full trial on the merits has not yet been scheduled, but discovery and motions could stretch into 2025.
State attorneys have already signaled they will appeal Wednesday’s decision to the Third Court of Appeals in Austin.
Meanwhile, a separate lawsuit challenging the broader DSHS rules on all consumable THC products — including gummies and tinctures — remains pending in the same court.
For now, Texas remains one of the largest and most open markets for hemp-derived THC products in America.
The fight, however, is far from over.