Texas

Texas Hemp Farming Act

Legalized hemp and hemp-derived products in Texas with 0.3% Delta-9 THC limit by dry weight.

Total THC Ban Attempt

Would have imposed Total THC standard. Rejected by Texas Legislature.

Hemp Product Restrictions

Attempted additional restrictions on hemp products. Rejected.

Hemp Regulatory Expansion

Attempted to expand DSHS authority over hemp products. Rejected.

Governor Abbott Executive Order

Directed DSHS to regulate hemp product SAFETY and keep from minors. Did NOT authorize redefining hemp.

DSHS Total-THC Rules (ENJOINED)

DSHS rules imposing total Delta-9 THC compliance via decarboxylation (converts THCA → Δ-9 equivalents). Took effect 2026-03-31. ENJOINED by Travis County 455th District TI as of 2026-05-01 (with brief 5/5–5/7 auto-stay window). Trial on merits 2026-07-27.

THBC + HIFA + 7 co-plaintiffs filed 2026-04-07. Judge Maya Guerra Gamble granted TRO 4/10 (bond $50). Judge Daniella DeSeta Lyttle granted Temporary Injunction 5/1 (bond $8,000) with industry-wide scope (Order §F p.17). State filed interlocutory appeal at Texas 15th Court of Appeals 5/5 — § 51.014(b) auto-stay briefly paused the TI. Texas 15th COA reinstated TI 5/7 after plaintiffs emergency motion. TI remains in force through trial on merits 7/27 unless further court order.

CURRENTLY IN FORCE TI protects ALL Texas commercial hemp participants (including R&D LLC #690) from DSHS Total-THC enforcement. The case that matters most to R&D operations today.

Long-running appeal of DSHS rule classifying Δ-8 THC as Schedule I. 3rd COA TI in Sky Marketing's favor. SCOTX 2026-05-15 order stays the trial-court TI as of 2026-05-28 17:00 CT, pending rehearing motion reset to 6/17. Affects Δ-8 / synthetic isomer operators only — does NOT touch the THBC v. DSHS THCA TI.

Separate case affecting synthetic cannabinoid market (Δ-8/HHC/THCP). R&D LLC does NOT sell Δ-8 and is outside the four corners of this case.

Hemp company challenged municipal ordinance banning hemp sales. Court ruled for Hometown Hero — local ordinances cannot override state hemp law (HB 1325).

Establishes state preemption of local hemp bans in Texas.

HB 1325 explicitly adopted the federal Farm Bill definition: hemp is cannabis with Delta-9 THC concentration of not more than 0.3% on a dry weight basis. THCA is NOT Delta-9 THC. The Legislature considered and rejected Total THC bills (SB 3, SB 5, SB 6) — proving legislative intent to maintain the Delta-9 only standard.

Authority: Tex. Health & Safety Code § 443.001; 7 U.S.C. § 1639o; SB 3/5/6 rejection (89th Legislature)

DSHS is attempting through administrative rulemaking what the Legislature explicitly rejected three times. Under Texas Government Code § 2001.038, agencies cannot adopt rules that exceed statutory authority. GA-56 directed DSHS to regulate SAFETY, not redefine hemp.

Authority: Tex. Gov't Code § 2001.038; GA-56; Railroad Commission v. Texas Citizens for a Safe Future (2021)

The 2018 Farm Bill (7 U.S.C. § 1639o) defines hemp using Delta-9 THC only and explicitly protects interstate commerce in hemp. States may regulate but cannot ban what federal law defines as legal agricultural commodity.

Authority: 7 U.S.C. § 1639o; Supremacy Clause (U.S. Const. Art. VI, cl. 2)

DSHS proposed fee increases from $155→$5,000 (retail) and $258→$10,000 (manufacturing) constitute a de facto ban on small businesses, violating substantive due process.

Authority: Tex. Const. Art. I, § 19; Patel v. Texas Dept. of Licensing (2015)

Over 200,000 wrongful arrests with 80% affecting Black and Brown Texans. False-positive field tests cannot distinguish hemp from marijuana.

Authority: Tex. Const. Art. I, § 3a; U.S. Const. Amend. XIV