Federal Judge Denies Request to Block Texas Hemp Ban

Court Ruling Keeps Ban in Place

U.S. District Judge Robert Pitman denied the motion for a temporary restraining order without issuing a preliminary injunction, leaving Texas's consumable hemp ban operative while the underlying lawsuit proceeds. The order came in response to a complaint filed by the Texas Hemp Coalition and several retailers challenging the state's prohibition on hemp products intended for consumption. Judge Pitman, sitting in the Western District of Texas, issued the ruling late Monday. He didn't publish a written opinion explaining his reasoning.

Retailers and manufacturers must now comply with the ban or face enforcement action from the Texas Department of State Health Services. Industry plaintiffs had argued the prohibition violated the 2018 Farm Bill's preemption of state hemp regulation and deprived them of property without due process.

Texas Hemp Ban Background

Texas enacted the consumable hemp ban in May 2026 through legislation that reclassified delta-8 THC, delta-10 THC, and other semi-synthetic cannabinoids as controlled substances. The statute took effect June 15. It prohibits the sale of any hemp product intended for ingestion, inhalation, or topical application if it contains detectable levels of intoxicating cannabinoids, and retailers were given a 60-day grace period to clear inventory.

The law defines consumable hemp broadly — edibles, vapes, tinctures, and even some topicals fall under the prohibition, while fiber and seed products remain legal. The Department of State Health Services published enforcement guidance in July clarifying that any product marketed for wellness or psychoactive effects is subject to seizure.

Industry Arguments for Injunctive Relief

Plaintiffs argued that immediate injunctive relief was necessary to prevent irreparable harm to businesses already facing closures and inventory losses exceeding $40 million statewide. The Texas Hemp Coalition, representing more than 200 retailers and processors, submitted declarations from shop owners documenting layoffs, lease defaults, and supply-chain disruptions. Counsel for the plaintiffs characterized the ban as an unlawful attempt to regulate interstate commerce in a federally legal commodity.

Coalition filings emphasized that the 2018 Farm Bill explicitly removed hemp from the Controlled Substances Act and that Texas can't reimpose scheduling without violating federal preemption doctrine.

Plaintiffs also invoked the Takings Clause. They argued the state effectively confiscated inventory without compensation. Judge Pitman's denial suggests he found these arguments insufficient to meet the high bar for preliminary relief.

State's Defense of the Ban

Texas Attorney General Ken Paxton's office defended the ban as a valid exercise of the state's police power to protect public health and safety. In briefs filed August 8, state attorneys argued that delta-8 THC and similar compounds are semi-synthetic cannabinoids not covered by the Farm Bill's safe harbor for naturally occurring hemp extracts. They cited rising emergency-room visits linked to unregulated hemp products and the absence of federal quality standards.

Paxton's office also disputed the preemption claim, arguing that Congress authorized states to impose stricter regulations on hemp cultivation and processing, including outright bans on certain product categories. Texas pointed to similar prohibitions in states including Montana and North Dakota as evidence of permissible state action.

What Happens Next

The case now moves to the merits phase, with a scheduling conference set for September 12 to establish a timeline for discovery and dispositive motions. Industry attorneys indicated they'll pursue an expedited hearing on a preliminary injunction, which requires a fuller evidentiary record than a temporary restraining order. That motion is expected by late September.

Enforcement continues. The Department of State Health Services has issued 14 cease-and-desist letters to retailers since the ban took effect, according to agency records. No criminal charges have been filed, but civil penalties of up to $25,000 per violation are authorized under the statute. For full background on this story, see the CannIntel topic hub on the Texas hemp ban.

If Judge Pitman declines a preliminary injunction at the September conference, the ban will remain in force through trial, which could be a year or more away.