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Texas Judge Blocks New THC Rule as State Supreme Court Allows Delta‑8 Enforcement

The divergent decisions leave rules in flux for Texas hemp products.

Overview

  • A Travis County judge issued a temporary injunction Friday that blocks the “total THC” rule and keeps smokable hemp on shelves until at least July.
  • The order stops the state from counting THCA toward the 0.3% delta‑9 limit, imposing new transport limits, and charging steep new license fees and daily penalties.
  • Consumer safeguards such as child‑resistant packaging and a 21+ sales age remain in effect under the judge’s order.
  • In a separate case, the Texas Supreme Court ruled Friday that the health department may classify delta‑8 as a Schedule I drug and lifted an injunction, granting the agency broad scheduling authority.
  • The fight carries high stakes for shops that fear inventory losses from discarded stock and fee hikes, as state lawyers frame THCA as “marijuana in waiting” because heating it converts it into intoxicating delta‑9.