Texas Hemp Industry Wins Temporary Victory
A Travis County district judge handed Texas hemp retailers a significant — if temporary — legal victory on Friday, ruling that smokable hemp products can remain on store shelves until at least July 27.
Judge Daniella DeSeta Lyttle granted the Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers a temporary injunction against new testing requirements that would have created a 0.3% total THC threshold, effectively barring the sale of natural smokable hemp products like flower buds and pre-rolled joints.
The ruling also delivers financial relief to an industry that had been bracing for steep cost increases. The DSHS rules enacted March 31 had increased annual retail registration fees from $150 to $5,000 per location, and manufacturer licensing fees from $250 per year to $10,000 annually. Friday’s injunction blocks those hikes from taking effect while litigation continues.
At the heart of the dispute is how Texas measures THC in hemp products. The state’s new rules counted THCA toward the legal THC limit for consumable hemp products. THCA is a naturally occurring compound in cannabis that converts into Delta-9 when heated or smoked, and Delta-9 THC is the main psychoactive ingredient in cannabis. The hemp industry argued that penalizing an inert compound that only becomes psychoactive upon combustion goes far beyond what state law permits.
The judge disagreed with the state’s position, saying the rules were doing irreparable harm to the industry. Attorney Andrew Alvarado, representing the hemp industry, said the ruling upholds the separation of powers: “Frankly, I think it’s a win for all Texans, because fundamentally, the Court confirmed that unelected officials and state agencies cannot impose rules that conflict with the will of the people.”
The scope of damage from the original regulations went well beyond smoke shops. Industry representatives testified that smokable products weren’t the only items being removed from shelves — hair gels, bath bombs, balms, tinctures, dog treats, and more could no longer be made because hemp flower was their main ingredient.
The path to Friday’s decision traces back to a politically charged backstory. Texas lawmakers voted to ban all hemp-derived THC products last May, but Governor Greg Abbott vetoed that proposal. When lawmakers failed to strike a deal during special legislative sessions, Abbott ordered the Texas Department of State Health Services to take up the issue instead.
The victory, however, is not without a significant cloud. In a separate decision on the same day, the Texas Supreme Court upheld the state health agency’s prohibition on delta-8 THC, ruling that state law gives the agency broad authority to protect Texans — a precedent the state could potentially invoke against smokable hemp products as well.
“The bottom line is that Texas hemp laws are still in a state of legal transition. Delta-8, smokable hemp, and THC definitions are all part of ongoing court battles, and nothing has been permanently decided yet. For now, the industry is operating in a gray area where rules are actively changing and being challenged in real time.” — Texas Cannabis Coalition
The pause on the ban will last until the next hearing, currently scheduled for July 27, but could end earlier if the state appeals the ruling and a higher court sides with the state.
For now, Texas hemp businesses are exhaling — carefully.
Sources:
- ABC13 Houston: https://abc13.com/post/travis-county-judge-rules-texas-shops-can-continue-smokeable-hemp-products-late-july/19015605/
- KSAT San Antonio: https://www.ksat.com/news/local/2026/05/01/texas-shops-can-still-sell-smokeable-hemp-thc-until-july-27-judge-rules/
- The Texas Tribune: https://www.texastribune.org/2026/04/08/texas-hemp-smokeable-ban-joints-lawsuit/
- Community Impact: https://communityimpact.com/austin/central-austin/texas-legislature/2026/05/01/texas-businesses-can-continue-selling-smokable-hemp-until-july-27-judge-rules/
- KUT News Austin: https://www.kut.org/business/2026-05-01/austin-tx-hemp-cannabis-ruling-temporary-injunction-granted-thca
- San Antonio Current: https://www.sacurrent.com/cannabis-2/cannabis-news/judge-clears-texas-businesses-to-keep-selling-smokable-hemp-products-for-now/
- Texas Public Radio (TPR): https://www.tpr.org/economy-and-labor/2026-05-01/court-order-allows-smokable-hemp-to-stay-on-shelves-in-texas
Five people are dead after a small plane crashed into a wooded area near Wimberley late Thursday night — and the victims have now been identified as members of an Amarillo pickleball club who were on their way to a tournament.
(Photos: Jay Janner/Austin American-Statesman)
Five Austin City Council members are proposing a resolution that would halt a plan to consolidate more than 1,000 IT workers – a cost-cutting effort officials say could save up to $142 million a year – just weeks before it was set to begin. The move follows weeks of backlash from the influential city’s workers’ union. (Austin American-Statesman)
Austin council could halt a proposed IT consolidation just weeks before it was supposed to start. Officials say the reorganization could save up to $142 million per year. Read my latest for @statesman here: https://t.co/pmNFPto6UC
— Chaya Tong (@chaya_tong) May 1, 2026
Voters will decide today on a slew of local contests, including who will serve as mayor in Bee Cave and Cedar Park, as well as races for the Eanes Independent School District Board of Trustees, Hays Consolidated Independent School District Board of Trustees and Lake Travis Independent School District Board of Trustees.
Polling locations will be open from 7 a.m. to 7 p.m. (Austin American-Statesman)
Travis County District Attorney José Garza and four senior members of his leadership team have retained prominent Austin defense and ethics lawyers as they face allegations that prosecutors withheld evidence in a misconduct case involving a police officer. According to court filings, attorney Brian Roark on Friday asked a judge to postpone a Monday hearing at which Garza and First Assistant Trudy Strassburger have been ordered to testify. (Austin American-Statesman)
Austin police are looking for the driver of a vehicle involved in the hit-and-run of a bicyclist last month on South Congress.
The Austin Police Department has added a new class of cadets.
Austin’s firefighters’ union recently won a battle for health insurance coverage for a member fighting cancer.
Fentanyl deaths in Travis County were down in 2025, marking a second consecutive year of a downward trend.
A pedestrian was stuck by a vehicle in East Austin last night just before 10:30 p.m.
Austin pedestrian accident lawyers share five essential safety tips and legal advice to help protect pedestrians and navigate the aftermath of an accident. Learn how to stay safe, what to do if you’re involved in an accident, and how to secure the compensation you deserve.
A major overhaul of a highway in southwest Austin is almost done, and some recent construction progress is already making the drive faster.
From Austin Parks & Recreation:
The City of Pflugerville officially implemented modified Stage 1 water conservation measures for all city water customers on Friday after Lake Pflugerville saw significant gains in its levels.
PODCAST
Voters in Georgetown will decide this weekend whether to sell off parts of their water system. The parts up for consideration lay outside the city limits, and the election comes as Georgetown is looking to manage rising costs.
(Episode from May 1, 2026)
Meanwhile, the Lower Colorado River Authority is releasing water from Bastrop Dam.
Recent rain in Texas has meant fewer, in any, wildfires. As a result, the Wildland Fire Preparedness Level has been lowered to Level 1.
WEATHER
FRIDAY’S HIGH / LOW TEMPERATURES
AUSTIN-BERGSTROM INTERNATIONAL AIRPORT
CAMP MABRY
FRIDAY’S PRECIPITATION
AUSTIN-BERGSTROM INTERNATIONAL AIRPORT
CAMP MABRY
5-DAY FORECAST / AUSTIN, TEXAS
Texans saw another wild weather day Friday, one day after an EF-3 tornado touched down in Mineral Wells.
May will have two full moons, including a rare ‘blue micromoon’ ending the month.
TEXAS TEN MOST WANTED
A 3-year-old child has died after being found in a pond at a Montogomery County apartment complex Friday afternoon.
Spirit Airlines, the pioneering discount airline that shook up the budget travel business, is shutting down its operations.
The company is in its second bankruptcy and was in serious financial trouble well before the Iran war sent jet fuel prices surging. America’s eighth-largest carrier tried to reach a deal with the Trump administration on an 11th-hour rescue package, but a key group of creditors balked at the proposal.
BREAKING: Spirit confirms it has shut down effective immediately, telling passengers:
— Kyle Potter (@kpottermn) May 2, 2026
“Spirit guests should not go to the airport. All Spirit flights are canceled.”
Spirit promises to “automatically process refunds” for flights – whether you booked with a credit or debit card. pic.twitter.com/GfCgi8dXKK
The last Spirit flight landed early this morning in Dallas.
🚨#BREAKING: The final Spirit Airlines flight has touched down in Dallas at 1:08 a.m. EST, marking the definitive end of active operations ahead of the airline’s expected systemwide shutdown at 3:00 a.m.
— R A W S A L E R T S (@rawsalerts) May 2, 2026
Video by @24chadster pic.twitter.com/NowHZCvT90
IN AUSTIN:
Likely unbeknownst to the passengers and crew onboard, these were the final @SpiritAirlines flights in and out of @AustinAirport Friday morning, per @flightradar24.
— Alex Driggars (@AlexDriggars) May 2, 2026
Spirit began service in Austin in 2019. It flew nonstop to Newark and Fort Lauderdale. pic.twitter.com/w3IlgipNFg
⛽ Average U.S. gas prices per gallon on May 2, per AAA ⛽
— NBC News (@NBCNews) May 2, 2026
• Regular: $4.43 (⬆️ $1.45 since war in Iran began on Feb. 28)
• Premium: $5.29 (⬆️ $1.43 since war began)
• Diesel: $5.63 (⬆️ $1.87 since war began)
The first-ever KUT Festival has officially started. The community event celebrating Austin and public media began Friday at the LBJ Presidential Library with an evening of conversations on journalism and the national political landscape. (KUT 90.5)
The KUT Festival is in East Austin on Saturday celebrating the best of the city with live music, author talks, podcast tapings and panel discussions.https://t.co/TWY46mVTh6 pic.twitter.com/JaUAYVU2BX
— KUT Austin (@KUT) May 2, 2026
The 5th U.S. Circuit Court of Appeals on Friday Federal court cuts off Texans’ access to abortion pills by mail that allowed mifepristone to be mailed to patients, a rule commonly used to get around Texas’ abortion ban. (Texas Tribune)
The guys go around the horn on the topics of the week, including the rumble over redistricting, THC legal developments, and the hearings on the tragic July 2025 floods.
U.S. Rep. Keith Self discusses his votes on three critical pieces of legislation passed in the U.S. House: the farm bill, a controversial spy program extension and funding for most of DHS. But does he support a blank check for the Iran war? Houston Council Member Abbie Kamen explains why she thinks the city’s new ICE policy violates the Fourth Amendment. And Dallas Council Member Maxie Johnson tells us why he’s asking for random gunfire to be classified as a higher priority crime.
SPORTS
NBA PLAYOFFS: The Houston Rockets landed with a thud.
Expectations changed everything for the Houston Rockets, but the result didn’t. Another first-round exit, this time to the Los Angeles Lakers — what’s next? 🔗https://t.co/SY8yBHyXnD pic.twitter.com/7FVVFdJxLm
— Houston Chronicle (@HoustonChron) May 2, 2026
The Los Angeles Lakers banded together to fight through the adversity and beat the Houston Rockets in six games with a dominant 98-78 win over the Rockets to move on to face top-seeded Oklahoma City in the Western Conference semifinals. (Associated Press)
COLLEGE BASEBALL: No. 4 Texas totaled 19 strikeouts, as the Longhorns secured the series opener against No. 10 Mississippi State, 3-1, at UFCU Disch Falk Field on Friday night.
For the second time in less than two weeks, Texas (34-9, 14-7 SEC) tied the most punchouts in a nine-inning game in program history, matching its performances against Southwestern Louisiana on March 18, 1988, and Alabama on April 18, 2026. (Texas Longhorns)
how bout a dozen 🥊#HookEm | @DylanVolantis pic.twitter.com/kSruB3NOV3
— Texas Baseball (@TexasBaseball) May 2, 2026
TODAY
MLB: A road win in the Motor City last night for the Texas Rangers.
Danny Jansen homered and Josh Jung drove in two runs as the Texas Rangers defeated the Detroit Tigers 5-4 on a rainy Friday night.
The Rangers (16-16) are back to .500 after losing three of their previous four game. Detroit (16-17) has lost five of its last seven.
One shot was all it took.
Jarren Duran hit a three-run homer, Jake Bennett gave up a run over five innings to earn the victory in his major league debut, and the Boston Red Sox beat the Houston Astros 3-1 on Friday night. (Associated Press)
Massive dinger for Jarren Duran, who needed that in the worst way pic.twitter.com/ztiNGWuvC9
— Ari Alexander (@AriA1exander) May 2, 2026
ON THE SCHEDULE
Do you know the story of how the Barton Creek Greenbelt came to be?
Although the Greenbelt is central to Austin’s identity as a park city, the fascinating story of how it was preserved has largely faded from public memory.
“Foreverland” highlights the grit and determination of the visionaries who navigated the complex civic process during a politically charged period in the 1990s to preserve an unparalleled nature experience for the people of Austin.
Their efforts culminated in one of the most ambitious public land acquisitions in the city’s history, helping to safeguard the fragile ecosystem and water quality in the Barton Creek watershed.
