Legal Status — Texas Hemp

Texas Hemp Legal Status 2026

THCA Case (D-1-GN-26-002511) + Sky Marketing Δ-8 Case (SCOTX 23-0887)

Last updated: May 15, 2026

On This Page

  • Quick Answers
  • Two Active Cases
  • THCA Case Timeline
  • Plain-English Explainer
  • Reggie & Dro Positioning
  • What Changes For Customers
  • Authoritative Sources
  • Disclaimer
Canonical statement.Reggie & Dro LLC sells natural cannabis only — DSHS License #690 — protected by Cause No. D-1-GN-26-002511 Temporary Injunction through the July 27, 2026 trial on the merits.

Quick Answers

Is THCA hemp legal in Texas right now?
Yes. As of May 15, 2026, a Travis County District Court Temporary Injunction (Cause No. D-1-GN-26-002511, Judge Daniella DeSeta Lyttle, granted May 1, 2026) blocks DSHS from enforcing the 'total Δ-9 THC' framework that would have banned THCA hemp. The TI is industry-wide and stays in effect until trial on July 27, 2026 or further order.
What is Cause No. D-1-GN-26-002511?
The THCA case — filed April 7, 2026 in the Travis County 455th District Court by Texas Hemp Business Council, HIFA, Alchemy, Burners, Serenity Organics, TexaKana, Elevate, Texas High Council, and Salganik against DSHS — challenging the 25 T.A.C. Ch. 300 rules that converted THCA into Δ-9 equivalents.
Does the May 15, 2026 SCOTX ruling affect THCA?
No. Today's Texas Supreme Court order in Cause No. 23-0887 (DSHS v. Sky Marketing / Hometown Hero) is the Δ-8 case — a different case, different parties, different court, different injunction. It stays a separate trial-court TI effective 5/28 17:00 CT. It does not touch the THCA TI in D-1-GN-26-002511.
Does Reggie & Dro sell Δ-8?
No. Reggie & Dro sells natural cannabis only. The Sky Marketing case does not apply to our products.
What changes for Reggie & Dro customers right now?
Nothing. Orders continue to ship. Products on shelf are protected by the active THCA Temporary Injunction. DSHS License #690 remains valid through May 22, 2027.
Who is the plaintiff coalition in the THCA case?
Texas Hemp Business Council (THBC), Hemp Industry Federation Association (HIFA), Alchemy, Burners, Serenity Organics, TexaKana, Elevate, Texas High Council, and Salganik.
Which judges have ruled in the THCA case?
Judge Maya Guerra Gamble (455th) granted the TRO on April 10, 2026 at 15:40 CT with a $50 bond. Judge Daniella DeSeta Lyttle (455th) granted the Temporary Injunction on May 1, 2026 at 09:55 CT with an $8,000 bond.
When is the trial on the merits?
July 27, 2026 at 09:00 CT on the Travis County central docket.
What is the scope of the THCA Temporary Injunction?
Industry-wide. Per Order §F, page 17, the TI protects all Texas commercial hemp participants — not just the named plaintiffs.
Is the DSHS 25 T.A.C. Ch. 300 rule still in effect?
The rule technically took effect March 31, 2026, but DSHS enforcement of the 'total Δ-9 THC' framework, transport restrictions, fee provisions, and penalty framework is enjoined by the active TI.
Where can I read the court filings?
Travis County District Clerk records for Cause No. D-1-GN-26-002511 (THCA) and the Texas Supreme Court docket for Cause No. 23-0887 (Δ-8).
What if the TI is dissolved?
Reggie & Dro will update this page within 24 hours of any change. The plaintiff coalition has additional appellate paths. R&D's compliance team is led by Andrea Steel of Steel & Co.

Two Active Cases — Keep Them Straight

FieldTHCA CaseΔ-8 Case
Cause No.D-1-GN-26-00251123-0887
SubjectDSHS 25 T.A.C. Ch. 300 → "total Δ-9 THC" (THCA flower ban)DSHS rule classifying Δ-8 as Schedule I
PlaintiffsTHBC, HIFA, Alchemy, Burners, Serenity Organics, TexaKana, Elevate, Texas High Council, SalganikDSHS v. Sky Marketing (Hometown Hero)
CourtTravis County 455th District (Gamble TRO, Lyttle TI)SCOTX appeal from 3rd COA
StatusTI LIVE — THCA ban blockedSCOTX 5/15 stays trial-court TI as of 5/28 17:00 CT
Affects R&D?YES — natural cannabisNO — we don't sell Δ-8

THCA Case Timeline (D-1-GN-26-002511)

  1. 2026-03-31 — DSHS 25 T.A.C. Ch. 300 rules take effect: "total Δ-9 THC" via decarboxylation = THCA hemp ban in Texas.
  2. 2026-04-07 — THBC + HIFA + 7 co-plaintiffs file Verified Petition + TRO Application.
  3. 2026-04-10 15:40 CT — Judge Maya Guerra Gamble (455th) GRANTS TRO. Bond $50. 14-day expiration. Enjoins DSHS from "total Δ-9 THC" framework, transport restrictions, fees, penalties.
  4. 2026-04-23 09:00 CT — Temporary Injunction hearing held.
  5. 2026-05-01 09:55 CT — Judge Daniella DeSeta Lyttle (455th) GRANTS Temporary Injunction. Bond $8,000. Replaces TRO. Industry-wide scope (Order §F, p. 17).
  6. 2026-05-05 — State files interlocutory appeal at Texas 15th Court of Appeals at Austin. Under Tex. Civ. Prac. & Rem. Code § 51.014(b), filing triggers automatic stay — TI briefly paused, DSHS rules re-enforceable.
  7. 2026-05-07 — Plaintiffs file emergency motion to reinstate TI. Texas 15th COA GRANTS same day. Auto-stay lifted, TI reinstated and in continuous force.
  8. 2026-05-15 (TODAY) — TI in effect. DSHS appellate response brief due today. SCOTX 5/15 order in 23-0887 (Δ-8 case) does NOT touch this TI.
  9. 2026-05-17 — Appellate hearing at Texas 15th Court of Appeals on the State's interlocutory appeal of the TI. Critical near-term docket event.
  10. 2026-05-28 — Separate Texas Supreme Court deadline referenced by Fox 7 Austin — may indicate parallel state mandamus track at SCOTX. Monitoring.
  11. 2026-07-27 09:00 CT — Final trial on the merits, Travis County central docket.

Plain-English Explainer

The THCA Case (D-1-GN-26-002511) — the one that matters to R&D

In March 2026, the Texas Department of State Health Services (DSHS) finalized rules under 25 T.A.C. Chapter 300 that imposed a "total Δ-9 THC" testing standard. The math is simple: if you heat THCA (the non-intoxicating cannabinoid in raw hemp flower), it converts to Δ-9 THC. By forcing labs to measure "total" Δ-9 (Δ-9 + 0.877 × THCA), the rule converted virtually every THCA hemp product into a federally illegal substance under Texas's reading of the 0.3% threshold.

A coalition of nine Texas hemp businesses — led by the Texas Hemp Business Council (THBC) and Hemp Industry Federation Association (HIFA) — filed suit in Travis County District Court on April 7, 2026. Judge Maya Guerra Gamble granted a Temporary Restraining Order three days later. After a Temporary Injunction hearing on April 23, Judge Daniella DeSeta Lyttle granted the TI on May 1, 2026 with industry-wide scope (Order §F, page 17). The TI stays in effect through trial on July 27, 2026.

Bottom line:THCA hemp products remain legal to manufacture, transport, and sell in Texas. Reggie & Dro continues to operate normally.

The Δ-8 Case (SCOTX 23-0887) — Hometown Hero, not us

Separately, in 2022, DSHS attempted to classify Δ-8 THC (a synthetic conversion product, not a natural cannabinoid) as a Schedule I controlled substance. Sky Marketing (doing business as Hometown Hero) sued. The 3rd Court of Appeals issued an injunction in Sky Marketing's favor. DSHS appealed to the Texas Supreme Court.

On May 15, 2026, the SCOTX issued an order staying the trial-court TI in 23-0887 effective May 28, 2026 at 17:00 CT. This affects the Δ-8 industry. It does not affect THCA, and it does not touch the separate Travis County injunction in D-1-GN-26-002511.

Bottom line:Reggie & Dro does not sell Δ-8. The Sky Marketing case does not apply to our products.

Reggie & Dro Positioning

Reggie & Dro LLC sells natural cannabis only:

  • All products derived from federally compliant hemp (≤ 0.3% Δ-9 THC dry weight) under the 2018 Farm Bill.
  • All products protected by the active D-1-GN-26-002511 Temporary Injunction until the July 27, 2026 trial.
  • Texas DSHS Consumable Hemp Manufacturer License #690, valid through May 22, 2027.
  • We do not sell Δ-8 THC, Δ-10 THC, HHC, or other synthetic cannabinoid conversion products.
  • All products third-party lab tested — COAs at /coa.
  • 21+ age verification via Veriff on every order.

What Changes For Customers Right Now

Nothing.

  • Orders ship normally from San Antonio and Stone Oak locations.
  • Membership pricing and Crystal VIP benefits unchanged.
  • Same-day delivery in the San Antonio metro continues.
  • 4/20 promotional pricing remains active where noted.
  • COAs published per batch.

If the TI is dissolved at any point before the July 27 trial, this page will be updated within 24 hours and customers will be notified by email.

Authoritative Sources

  • Travis County District Clerk — case records for D-1-GN-26-002511 (THCA)
  • Texas Supreme Court — docket for 23-0887 (DSHS v. Sky Marketing)
  • Texas Health & Safety Code Chapter 443 — Consumable Hemp Products
  • DSHS Consumable Hemp Program — 25 T.A.C. Chapter 300
  • U.S. Farm Bill 2018 (Pub. L. 115-334, § 10113)
  • NCSL State Hemp Tracker
  • Reggie & Dro DSHS License #690

Related Pages

  • Products — natural cannabis catalog
  • Membership — Crystal VIP and tier benefits
  • About — Reggie & Dro story, US Marine Corps veteran founder
  • Contact — compliance and legal inquiries
  • Certificates of Analysis — third-party lab results

Disclaimer

Information current as of May 15, 2026. Not legal advice. For specific legal questions consult Andrea Steel, Steel & Co. Reggie & Dro LLC, DSHS Consumable Hemp License #690 valid through 2027-05-22.

— Reggie & Dro LLC · Texas · Founded by Jesse Niesen, US Marine Corps Veteran