Texas hemp rules stay in force while the industry's appeal waits on the 15th Court of Appeals
Six months after Texas began counting THCA, the rules are in force, the injunction is gone and the case is parked on appeal. A dated timeline of THBC v. DSHS.
The short answer. As of Oct. 3, 2026, Texas rules that count THCA toward total THC and restrict smokable hemp remain in force. A trial court blocked them on May 1; the Fifteenth Court of Appeals lifted that injunction on June 5 and refused to restore it on June 26. The hemp industry’s appeal is pending. On Dec. 11 federal law closes the same door from the other side.
AUSTIN — The case that was supposed to decide Texas’ THCA market has gone quiet in the way appeals do. The rules the industry sued over have been enforceable for nearly four months, and no trial can begin until the appellate court rules on the injunction.
What the rules do
The Department of State Health Services’ consumable hemp rules took effect March 31. As the Texas Hemp Business Council summarizes them, they:
- count THCA in the delta-9 calculation, so hemp is judged on total THC;
- restrict smokable hemp flower at retail;
- raise annual license fees to $10,000 for manufacturers and $5,000 for retailers;
- add transport restrictions and testing requirements.
Separately, chemically converted and synthetic cannabinoids, among them delta-8, delta-10 and THCP, were listed in Schedule I effective July 31, with trace naturally occurring amounts in compliant hemp exempt, according to a Clark Hill alert of Aug. 4. The agency’s program page is at dshs.texas.gov.
The case, date by date
| Date | Event |
|---|---|
| March 31, 2026 | DSHS rules take effect |
| April 7 | THBC, the Hemp Industry & Farmers of America and Texas businesses sue DSHS, HHSC and the attorney general in Travis County (No. D-1-GN-26-002511) |
| April 10 | Temporary restraining order blocks key provisions |
| May 1 | Trial court grants a temporary injunction |
| May 7 | Fifteenth Court of Appeals temporarily keeps the injunction in place while it considers the State’s appeal |
| June 5 | Appeals court lifts the injunction at the State’s request; rules enforceable again |
| June 26 | Court denies THBC’s motion to reconsider |
| Aug. 14 | THBC’s brief due, seeking reinstatement of the injunction (No. 15-26-00099-CV) |
| Oct. 3 | No appellate decision found by the desk |
Sources: THBC, Aug. 7; Texas Public Radio, June 9. Some outlets dated the reinstatement June 6, the day it was widely reported; the plaintiffs’ own timeline gives June 5.
When the rules came back in June, regulators had not said how hard they would enforce them, Texas Public Radio reported. The council’s August update describes every challenged rule as “active and enforceable.”
What could happen next
The appeals court reinstates the injunction. The rules would be blocked again pending trial, and the hemp lane in Texas would reopen to the delta-9 standard, but only until Dec. 10. Federal law would close it on Dec. 11.
The appeals court affirms. The rules stay, and the case returns to Travis County for trial on whether DSHS exceeded its authority.
The Legislature acts. Gov. Greg Abbott vetoed SB 3, a broad THC ban, in 2025. The next regular session begins in January 2027, after the federal date.
Two locks on the same door
Texas is a useful example of how the state and federal changes stack. The state rules close the hemp-retail lane now. Section 781 of Public Law 119-37, as delayed by H.R. 6500, closes it nationally on Dec. 11, 2026 (Hemp Ban Tracker). A win for the industry in Texas courts would not reopen the lane after that date unless Congress also moves.
Texas has no adult-use dispensaries. Its Compassionate Use Program serves registered medical patients only. For the statute, the agency rules and possession notes, see the Texas State Page.
Reporting, not legal advice. Filed Oct. 3, 2026.
Questions readers asked
Is THCA flower legal in Texas right now?
Not in the hemp-retail lane, as of Oct. 3, 2026. DSHS rules in force since March 31 count THCA toward total THC and restrict smokable hemp. The rules were blocked in May and reinstated in June; the industry's appeal is pending.
What is THBC v. DSHS?
A lawsuit filed April 7, 2026 in Travis County by the Texas Hemp Business Council and others, arguing that the Department of State Health Services exceeded its authority in its consumable hemp rules. The injunction question is on appeal at the Fifteenth Court of Appeals, case No. 15-26-00099-CV.
Does the federal Dec. 11 change matter in Texas?
It adds a second, independent barrier. Even if Texas courts struck the state rules, high-THCA flower stops being federal hemp on Dec. 11, 2026 unless Congress delays the date again.
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