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Judge pauses Texas’ ban on smokable hemp weeks after the new rule took effect

A judge temporarily paused Texas’ new rules banning smokable hemp products, just weeks after they went into effect, according to Bloomberg Law.

By Isaac Yu,Staff Writer

THCa flower, a form of smokeable hemp, is seen for sale at The Glassmith in Austin, Monday, March 30, 2026. New Texas hemp rules effectively banning the sale of smokable hemp and extracts starts March 31.Mikala Compton/Austin American-Statesman

A judge temporarily paused Texas’ new rules banning smokable hemp products, just weeks after they went into effect, according to Bloomberg Law.

The ruling, which affects several new regulations issued by the Department of State Health Services, came after a group of hemp businesses sued the state, saying officials lacked the authority to limit THC products with legislative approval. The new industry regulations, which went into effect on March 31, are among the most sweeping changes since lawmakers began targeting hemp sales last year. 

The pause will only last for two weeks until Apr. 23, when the case is scheduled for an injunction hearing. The ruling also halted a ban on out-of-state hemp materials and fee hikes for manufacturers and store owners. 

“This decision preserves the legal framework that thousands of Texas businesses and jobs were built on and keeps the farm-to-market pipeline open,” said Brian Swensen, executive director of the Hemp Industry & Farmers of America, one of the plaintiffs on the suit.

The state’s rules to effectively ban natural flower hemp products that are commonly smoked went into effect on Tuesday, a move that some retail store owners have said would cripple their businesses. 

Officials have said the new rules are in line with Gov. Greg Abbott’s executive order from September that called for further regulation, and that the fees collected would go towards inspections and product safety testing.

Isaac Yu

Reporter

Originally from Garland, Texas, Isaac Yu is a politics reporter based in Austin. He previously wrote for the Texas Tribune, Wall Street Journal and Milwaukee Journal Sentinel. He can be reached at isaac.yu@hearst.com.

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