Updated: April 23, 2026
If you've been confused about what's happening with hemp laws in Texas, you are not alone. The last few months have been a whiplash of rule changes, court filings, and last-minute reprieves — and if you're a customer trying to figure out what you can actually buy right now, the headlines haven't made it easy.
We're MARYJAE. We're a licensed hemp retailer and manufacturer on South Lamar in Austin, and we've been living this situation in real time — from our shelves, our staff, and our community. Here's our plain-English breakdown of where things stand today.
The Short Version
- THCa flower and smokable hemp are currently available at MARYJAE
- A court-issued Temporary Restraining Order (TRO) is blocking the state ban — for now
- The next key hearing is April 28, 2026 (postponed from April 23 by agreement of both sides)
- Edibles, gummies, and beverages are fully legal and unaffected by any of this
- We will update this post as soon as there's news from the April 28 hearing
What Happened: A Quick Timeline
2019 — Texas legalizes hemp under HB 1325, defining it as cannabis with less than 0.3% Delta-9 THC by dry weight. This opens the door for a legal hemp market.
2025 — The Texas Legislature debates stricter regulations on intoxicating hemp products. Gov. Abbott vetoes the bill. The Legislature holds two special sessions but reaches a stalemate.
September 1, 2025 — Hemp-derived vape products are banned under Senate Bill 2024.
December 2025 — Texas DSHS proposes new rules, including a change to how THC is calculated — requiring labs to count THCA toward total THC levels.
March 31, 2026 — New DSHS rules take effect. Because THCA converts to Delta-9 THC when heated, including it in the total THC calculation effectively bans most smokable hemp flower and concentrates overnight. For many Texas hemp businesses — including MARYJAE — this eliminated the majority of their product category.
April 8, 2026 — The Texas Hemp Business Council, Hemp Industry & Farmers of America, and a coalition of Texas hemp retailers file a lawsuit against DSHS, arguing the agency overstepped its authority by rewriting definitions the Legislature had already established. Travis County Judge Maya Guerra Gamble grants a Temporary Restraining Order, blocking enforcement of the smokable ban and the interstate shipping restriction.
April 23, 2026 — The originally scheduled court hearing is postponed by agreement to April 28, with the potential to continue through April 30 depending on how long testimony runs.
What the TRO Actually Means
A Temporary Restraining Order is exactly what it sounds like: a court telling the state "slow down" while the legal arguments are heard. It is not a permanent ruling. It is not a final decision on whether the DSHS rules are legal or not.
What it does mean practically:
- THCa flower is back on shelves at licensed Texas retailers while the order is in effect
- Interstate shipping of smokable hemp is temporarily restored
- The licensing fee increases (from $150 to $5,000 for retailers, from $250 to $10,000 for manufacturers) were not blocked by the TRO — those remain in effect
The court's reasoning for granting the TRO was significant. Judge Guerra Gamble found that the public interest is served by preserving the regulatory framework the Legislature actually passed — not the one DSHS created through administrative rulemaking. That's the core of the lawsuit: did DSHS have the legal authority to effectively ban products that lawmakers explicitly chose not to ban?
What Happens at the April 28 Hearing?
The April 28 hearing is about whether to convert the TRO into a temporary injunction — a longer-lasting court order that would block the DSHS rules while the full case is litigated.
Three things are on the table:
1. The Total THC Rule — Can DSHS redefine hemp by changing how THC is measured, or does that require an act of the Legislature? This is the central question and the one that determines whether THCa flower stays on shelves long-term.
2. Licensing Fee Hikes — The TRO did not block the fee increases. The April 28 hearing will address whether those should also be paused. For context: a fee jump from $150 to $5,000 per retail location is a 33x increase. Many small operators cannot absorb this.
3. Interstate Commerce — Whether Texas can legally prevent licensed hemp businesses from shipping products to customers in other states.
If the judge grants the temporary injunction, THCa flower stays available while the case continues — likely for months.
If the judge denies it, the TRO expires and the smokable ban goes back into effect, potentially forcing products off shelves within 24 hours.
We will update this post immediately after the hearing.
What You Can Buy at MARYJAE Right Now
Regardless of how the April 28 hearing goes, here's what remains fully legal and available at MARYJAE today:
Always legal, unaffected by the smokable ban:
- Delta-9 THC gummies and edibles
- CBD oils and tinctures
- CBD topicals
- Hemp-infused beverages
- CBG, CBN, and blended cannabinoid products
Currently available under the TRO (while it remains in effect):
- THCa flower
- Smokable hemp concentrates
Every product on our shelves is lab-tested with a Certificate of Analysis, Texas-compliant, and available for adults 21+ with valid ID.
Shop our current product selection →
Our Perspective as a Licensed Austin Retailer
We've held both a retail license and a manufacturer license under Texas DSHS Chapter 300 since the beginning. We've complied with every rule change, absorbed every fee increase, and navigated every curveball the state has thrown at this industry.
What happened on March 31 wasn't regulation — it was administrative rulemaking that accomplished what the Legislature explicitly chose not to do. Twice. The Texas Legislature had the chance to ban THCa products through proper legislative process and didn't. DSHS rewrote the definition of hemp instead. That's the legal fight playing out right now, and we believe the courts will uphold what the Legislature actually decided.
What we know for certain: our customers — especially those using hemp products for pain relief, sleep, anxiety, and as an alcohol alternative — deserve stable, legal access to compliant products. The legal whiplash of the past few months has been exhausting for businesses and customers alike. We're committed to staying open, staying licensed, and keeping you informed.
Stay Updated
This is a fast-moving situation. We'll post updates here and on our Instagram and email list as news comes out of the April 28 hearing.
Want to be the first to know? Join our email list for real-time updates straight from our team.
Have questions about what's on our shelves today? Call us at (512) 731-0076 or stop by South Lamar — we'll give you the honest rundown.
MARYJAE Cannabis Dispensary
2110 S Lamar Blvd, Suite E | Austin, TX 78704
Mon–Thu 11am–7pm | Fri–Sat 11am–8pm | Sun 12pm–6pm
21+ with valid ID required
This post reflects publicly available information as of April 23, 2026 and will be updated as the legal situation develops. Nothing in this post constitutes legal advice. Hemp laws in Texas are subject to change.
