A Texas judge pumped the brakes on the state’s new smokable hemp ban this week, handing a temporary lifeline to smoke shop owners who had spent days watching their shelves — and their revenues — drain dry.
Travis County District Judge Maya Guerra Gamble granted a temporary restraining order blocking enforcement of the ban at least until April 23 or 24, following a lawsuit filed by the Texas Hemp Business Council and other industry groups. The order means shops can legally restock and sell smokable hemp products — including THCA flower — while the legal challenge plays out in court. For business owners who’d been hemorrhaging money since the rules took effect, the ruling arrived not a moment too soon.
What Triggered the Ban — and the Backlash
The regulations, enacted by the Department of State Health Services and the Health and Human Services Commission, took effect March 31 and introduced a new testing standard: a 0.3% total THC threshold calculated using a post-decarboxylation formula. In plain English, that means the state began counting THC-A — a non-psychoactive cannabinoid in its raw form — as part of the THC limit, effectively making most smokable hemp products illegal overnight. The rules mirror federal guidelines, but critics say the agencies had no business writing them in the first place.
That’s the crux of the lawsuit. “This lawsuit is really based on a constitutional separation of powers issue,” said Jason Snell, an attorney for the plaintiffs, explained. The argument is straightforward: state agencies can interpret laws, but they can’t rewrite them. And in the plaintiffs’ view, that’s exactly what DSHS and HHSC did by expanding the definition of hemp to sweep in THC-A under the 0.3% cap.
Cynthia Cabrera, president of the Texas Hemp Business Council, was blunt about it. “State agencies cannot rewrite the law the Legislature enacted,” she said after the ruling. Brian Swensen, Executive Director of Hemp Industry & Farmers of America, called the order “an important step for Texas hemp businesses and consumers,” adding that “the court agreed these agencies overstepped their authority.”
How Bad Did It Get?
Bad. In less than two weeks, shop owners across Texas were already feeling the squeeze. Jonathan Spaniel, a business owner who spoke about the impact, put it plainly: “So on March 31st when it happened, we did pull all of our products off the shelves to stay in compliance with the state — that has drastically impacted us,” he noted. Shelves stripped bare, customers turned away, revenue in freefall — all within days of the rules going into effect.
Still, it’s worth noting that the restraining order is temporary. It doesn’t kill the ban. It pauses it. The underlying legal fight over whether the agencies had the authority to redefine hemp — and reshape an entire industry’s product line with a single testing formula — is still very much alive. A hearing is expected before the order expires, and what comes next will likely depend on how a court weighs executive agency power against legislative intent.
Shops Restock, but Uncertainty Lingers
In the immediate aftermath of the ruling, smoke shops wasted no time. Products returned to shelves quickly, and owners who’d been in legal limbo finally had something concrete to stand on — at least for now. The relief was palpable across the industry, though nobody’s popping champagne. Two weeks of breathing room isn’t a victory. It’s a stay of execution.
The Texas Tribune noted the order runs through at least April 23, giving both sides time to prepare arguments. What happens after that is anyone’s guess — but the hemp industry has made clear it won’t accept the new rules without a fight.
For now, the joints are back on the shelves. Whether they stay there is a question Texas courts will have to answer.
