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Texas Hemp Industry Sues to Halt New ‘Total THC’ Rules, Smokable Sales Ban

A court decision on a pause could come within days.

Overview

  • Industry groups led by the Texas Hemp Business Council filed suit Wednesday in Travis County seeking a temporary restraining order to stop new state hemp rules that took effect March 31.
  • The regulations adopt a “total THC” test that counts THCA, which converts to delta‑9 THC when heated, pushing popular smokeable items like hemp flower and pre‑rolled joints off store shelves.
  • Plaintiffs say agencies rewrote the Legislature’s 2019 hemp definition and skipped required economic analysis, while also imposing new limits on in‑state processing and the use of out‑of‑state materials.
  • Annual fees jumped sharply under the rules, with manufacturer licenses rising to $10,000 from about $250 and retail registrations to $5,000 from about $150, which businesses argue function as unlawful taxes.
  • DSHS says the changes follow Gov. Greg Abbott’s directive and fund inspections, and the lawsuit names DSHS Commissioner Jennifer Shuford, HHSC leader Stephanie Muth, and Attorney General Ken Paxton; a ruling on a temporary freeze could come this week as a federal total‑THC standard looms on Nov. 12.