Neil M. Willner post on Linked In
🚨 May 1, 2026 will go down as the most consequential single day in #Texas hemp law since HB 1325 🚨
Three major developments, same day. Two of them by sheer coincidence.
1️⃣ Full Preliminary Injunction Granted — Judge Daniella DeSeta Lyttle issued a statewide industry-wide preliminary injunction blocking all four categories of the DSHS/HHSC rules that took effect March 31. That means the THCA compliance standard, transport restrictions, fee increases (retail $150→$5,000; manufacturing $250→$10,000), and daily escalating penalties are all temporarily stayed, for every hemp business in Texas, not just the named plaintiffs. Trial on the merits is set for July 27.
2️⃣ Texas Supreme Court Issues Hemp Decision — Same Day! In DSHS v. Sky Marketing Corp. (No. 23-0887), the Court reversed a delta-8 THC injunction workings its way through the appellate system for years (the original injunction was issued in 2022) and cautioned that statewide “universal injunctions” should be no broader than necessary to protect named parties.
The state will almost certainly cite this in an appeal targeting the scope of today’s injunction granted in #1 above. Watch for a stay motion within days.
3️⃣ TCUP Licensee Files Private Lawsuit Against Hemp Businesses — Texas Original Compassionate Cultivation, one of three original TCUP licensees, filed an action against ten named hemp retailers and manufacturers, including Cookies, Restart CBD, VIIA Hemp, Mood, and others. TOCC commissioned 200+ independent lab analyses and alleges the defendants have been selling illegal marijuana falsely labeled as hemp, including a vape cartridge that tested at 82% delta-9 THC by weight and a cereal bar with 116mg of delta-9 THC. TOCC also alleges falsified COAs, fecal contamination at 27x legal limits, and fully synthetic designer drugs with no plant origin.
