What Texas's New Hemp Rule Means for You — And Why You Can Still Buy THCA Today

What Texas's New Hemp Rule Means for You — And Why You Can Still Buy THCA Today


Last updated: April 19, 2026

If you've been following the news out of Austin, you've probably heard rumors that THCA flower and other hemp products are being banned in Texas. Here's the real story — what's actually happening, what a Travis County judge just did about it, and what it means for you as an Ultra 93 customer.

The Short Version

On April 10, 2026, a Travis County district court judge issued a Temporary Restraining Order (TRO) that blocks the Texas Department of State Health Services (DSHS) from enforcing its new rule restricting consumable hemp products. The TRO came in response to lawsuits filed by the Texas Hemp Business Council and Boom Town Vapes challenging the rule's legality.

Bottom line: THCA flower, Delta-9 gummies, live rosin, and other hemp products remain legal to purchase, possess, and ship in Texas while the court hearings continue.

How We Got Here

Texas legalized hemp and consumable hemp products in 2019 under House Bill 1325, following the federal 2018 Farm Bill. That law created the legal foundation for the THCA flower and hemp gummy market that exists today.

In 2025, the Texas Legislature passed Senate Bill 3, which would have effectively banned all consumable hemp products containing any form of THC. Governor Greg Abbott vetoed SB 3 in June 2025, citing concerns over consumer access and the state's hemp economy. He then called a special session to address hemp regulation more carefully.

When the legislature failed to pass a replacement law, DSHS attempted to accomplish the same goals administratively by issuing a new rule restricting the sale of hemp-derived consumables. That rule is what's now being challenged.

What the TRO Actually Does

A Temporary Restraining Order is a court order that pauses enforcement of a law or rule until the court can hold a full hearing. Here's what the April 10 TRO does — and doesn't do:

What it does:

  • Blocks DSHS from enforcing the new rule
  • Keeps THCA flower and consumable hemp products legal to sell in Texas
  • Protects Texas hemp businesses from losing their licenses or facing penalties
  • Gives the court time to weigh whether DSHS overstepped its authority

What it doesn't do:

  • It is not a final ruling. The case still needs a full hearing
  • It is not federal law — it only applies to Texas
  • It does not change the underlying 2019 hemp law (HB 1325), which is still in effect

Why the Plaintiffs Argued the Rule Was Illegal

The Texas Hemp Business Council and Boom Town Vapes challenged the DSHS rule on several grounds:

  1. DSHS exceeded its authority. Lawmakers — not regulators — are the ones who write laws. By trying to ban products through an agency rule after the legislature failed to do so, DSHS effectively rewrote the law on its own.
  2. The rule conflicts with HB 1325. The 2019 hemp law clearly permits consumable hemp products that meet federal THC limits. The DSHS rule attempted to restrict products that are explicitly legal under state law.
  3. Economic harm. Texas's hemp industry supports thousands of jobs and millions in tax revenue. Shutting down legal businesses overnight would cause irreparable damage.

The judge agreed there was enough merit to pause enforcement while the case proceeds.

What Happens Next

The TRO is temporary by design. Here's the likely timeline:

  • Now → next 14–30 days: Both sides submit briefs and the court schedules a hearing on a longer-term injunction
  • Within 60 days: Court will likely decide whether to convert the TRO into a preliminary injunction (which lasts until the full trial)
  • Months ahead: Full trial on whether the DSHS rule is permanently blocked
  • Possible appeals: Whichever side loses can appeal, potentially extending the case for a year or more

In the meantime, Texas customers can continue buying THCA flower and hemp products legally, including from Ultra 93.

What This Means for Ultra 93 Customers in Texas

We want to be straightforward: nothing changes for you right now.

  • Orders to Texas continue to ship as normal
  • All Ultra 93 products remain federally compliant under the 2018 Farm Bill
  • Every product we sell is third-party lab tested — see our Lab Results
  • Discreet vacuum-sealed packaging on every order

If the legal landscape changes in a way that affects Texas orders, we'll email every Texas customer directly with full transparency.

How to Stay Informed

This is a fast-moving situation. We recommend:

  • Follow the Texas Hemp Business Council for industry updates
  • Check our FAQ page for the latest on legality and shipping
  • Subscribe to our newsletter for direct alerts if anything changes

Final Word

The Texas hemp industry just won an important battle, but the larger fight isn't over. What's clear today is that the courts are taking the legal challenges seriously, and your access to lab-tested, federally compliant THCA flower and hemp products remains intact.

We're proud to be part of an industry that's earning its place through transparency, compliance, and craft. If you have questions about your order or how this affects you, contact us anytime.

Stay informed. Stay craft. Stay Ultra 93.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Hemp laws vary by state and are subject to change. Consult a licensed attorney in your jurisdiction for legal questions about hemp possession or use.

 

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