Texas THC ban on hold until at least May 1

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AUSTIN, Texas - The pause on a Texas rule that seeks to block the sale of most smokable hemp in the state has been extended until at least May 1.

The so-called "Total THC" rule is at the heart of a high-stakes legal battle between the state’s hemp industry and the Department of State Health Services.

What we know:

Both parties were supposed to make their case before a Travis County judge Thursday, but that hearing was moved to sometime between April 28 and 30.

In the same order, the judge extended the temporary injunction preventing the state’s new rule from going into effect until at least 5 p.m. May 1.

What is the ‘Total THC’ rule?:

DSHS enacted regulations on consumable hemp-derived products March 31. The rule required child-resistant packaging and testing. It also decreased the legal amount of THC in these types of products to 0.3%, and hiked licensing fees for retailers from about $250 to $10,000 in some cases.

Kaab Malik, owner of iVape ATX, reaches for a strain of smokeable hemp at his shop on Guadalupe Street in Austin, Monday, March 30, 2026. (Mikala Compton/The Austin American-Statesman / Getty Images)

The hemp side:

Advocates for the hemp industry say the rules would essentially force them to discard a large amount of inventory, and run them out of business. 

They also argue that the increased fees essentially amount to an "unconstitutional occupation tax."

The state's side:

Attorneys for the state argue that the rule is a public safety necessity. They call THC-A, a non-intoxicating compound found in most smokable hemp products, "marijuana in waiting" since it converts to an intoxicating form of THC called Delta-9 when heated.

The state said it has the right to regulate intoxicating substances regardless of botanical origins.