(Jay Janner/The Austin American-Statesman via Getty Images)
The high-stakes legal showdown over the future of Texas’ hemp industry has been pushed back. A hearing on the continuation of the lifted ban, originally scheduled for today, April 23, has been postponed by agreement between legal counsel until at least April 28.
Under the new agreement, the hearing is expected to resume next Tuesday and has the potential to continue through April 30, depending on the length of the arguments and testimony presented.
Why the delay matters
What we know:
The legal battle reaches a critical crossroads as thousands of businesses wait to see if they will be forced to clear their shelves. While the industry remains on edge, the agreed-upon delay provides a brief window of continued operations under the current protections.
The upcoming hearing before Judge Maya Guerra Gamble will address the core of the industry’s survival.
The "Total THC" Rule
The court will weigh whether the Department of State Health Services (DSHS) overstepped its authority by redefining the 0.3% THC limit to include THCA, a change that effectively outlaws raw hemp flower and pre-rolls.
Licensing Fee Hikes
Industry leaders are fighting to block massive fee increases—some jumping from $250 to $10,000 per facility—which they argue is an "unconstitutional occupation tax."
Interstate Commerce: The court will revisit whether the state can legally block Texas businesses from selling and transporting smokable hemp to customers outside state lines.
What they're saying:
Advocates argue that the resulting "regulatory whiplash" would be catastrophic if the injunction is eventually denied.
"We are looking at a $5.5 billion industry being dismantled by a pen stroke rather than a vote in the Legislature," says Brian Swensen, Executive Director of Hemp Industry & Farmers of America. "The rescheduled hearing is about whether the state has to follow its own laws."
The other side:
Attorneys for the state maintain that the "Total THC" standard is necessary for public safety. They argue that THCA is essentially "marijuana in waiting," as it converts to Delta-9 THC when heated, and that the state has the right to regulate intoxicating substances regardless of their botanical origin.
The Source: Information in this article comes from court documents, legal counsel agreements, and previous FOX Local reporting.