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Lawsuit Challenges Texas Ban on Smokeable Hemp Products

Hemp extracts made by ATX Organics in Austin, Texas are among the products banned for sale under new state regulations that took effect March 31, 2026.
Hemp extracts made by ATX Organics in Austin, Texas are among the products banned for sale under new state regulations that took effect March 31, 2026.

Texas Hemp leaders say the new state rules are simply too cumbersome, and taking away too much revenue to survive as a viable business.

Just one week after a ban went into effect against smokable hemp products in Texas, a new lawsuit could have them back on store shelves if the suit is successful. The Texas Hemp Business Council (THBC) filed the complaint. It targets regulations that now prevent stores from selling smokable hemp products which include cannabis flower and concentrates.
As Texas Public Radio reports, according to industry estimates the products included in the ban account for well-over half the market in Texas. The litigation also targets sharply higher fees affecting store owners’ bottom line.
One example of what hemp store owners characterize as an onerous cost forced upon them is the annual $5,000 charge, per location. Plaintiffs contend that amounts to an unconstitutional tax because it collects more revenue than necessary to fund enforcement.
The lawsuit claims state agencies also failed to follow the correct procedures to adopt the new rules. Plaintiffs ask that the judge grant them a temporary restraining order. If granted, that could come by the end of the week.

Originally from the Pacific Northwest, and a graduate of the University of Washington, Jeff began his on-air broadcasting career 35 years ago in the Black Hills of South Dakota as a general assignment reporter.
KUT News Transportation Reporter