Texas Judge Blocks Smokeable Hemp Ban in Major Victory for Industry

Three days after hemp businesses filed suit against the state, a Texas judge has sided with the industry. Travis County District Court Judge Maya Guerra Gamble issued a temporary restraining order on Friday, April 10, blocking enforcement of the Texas Department of State Health Services rules that effectively banned smokeable hemp products across the state.

Smokeable hemp is back on Texas shelves — at least for now.

What the Judge Ruled

Judge Gamble found that the DSHS regulations were causing "irreparable harm" to hemp businesses and agreed to pause the smokeable product ban while the case moves forward. However, she declined to block the implementation of the dramatically increased licensing fees that were part of the same regulatory package.

The distinction matters. The ban on smokeable products — flower, concentrates, and related items — threatened to wipe out the majority of Texas hemp sales overnight. The fee increases, while painful, are survivable. The judge threaded the needle between protecting businesses from immediate destruction and allowing the state to continue its broader regulatory framework.

The Numbers Tell the Story

The scale of this fight is enormous. Over 13,000 stores and approximately 800 manufacturers are registered with DSHS to handle hemp products in Texas. When the ban took effect on March 31, many of those businesses faced an existential crisis almost overnight.

The DSHS rules changed how THC is calculated in a way that effectively prohibited the most popular hemp products on the market. Meanwhile, annual licensing fees jumped from $150 to $5,000 per retail location and from $250 to $10,000 per manufacturing facility — increases of over 3,000% and 4,000% respectively.

An industry attorney told the court that the harm was "already occurring and is exponentially multiplying," painting a picture of businesses shuttering, employees being laid off, and supply chains collapsing in real time. The Texas Attorney General's office pushed back, arguing that the rules simply provided "clarity" on existing law.

What Happens Next

The temporary restraining order lasts two weeks. A hearing on a longer-term temporary injunction is scheduled for April 23 at 9 a.m. That hearing will be the real test — the court will take a deeper look at the merits of the case and decide whether to keep the ban paused through a full trial.

The Texas Hemp Business Council, which led the coalition that filed the lawsuit, will need to convince the court that DSHS overstepped its regulatory authority. The state will argue it was operating within its mandate to protect public health and safety.

The Bigger Picture

This ruling is part of a nationwide pattern. As we covered earlier this week, states across the country are moving to restrict hemp-derived THC products, and the industry is increasingly willing to fight back in court. The constitutional question of whether states can ban products that are federally legal under the 2018 Farm Bill remains unresolved.

For vendors on Hightree, the Texas ruling offers a blueprint: organized industry coalitions, well-funded legal challenges, and a willingness to move fast when regulations threaten livelihoods. The hemp industry is no longer taking regulatory overreach lying down.

The April 23 hearing will be one to watch. If the court grants a full temporary injunction, it could embolden similar legal challenges in Missouri, Virginia, and other states pursuing hemp restrictions.

Sources: KUT Radio, The Texas Tribune, Houston Chronicle, WFAA, Dallas Express