Texas Judge Lifts THCA Flower Ban, But Only Until Summer Hearing

A Travis County judge has granted Texas hemp retailers a reprieve, allowing them to resume selling THCA flower products—but only until a full hearing this summer.

District Judge Jan Soifer issued a temporary restraining order Friday that blocks enforcement of the state's recent THCA ban. The ruling came after multiple hemp businesses filed suit challenging the Texas Department of State Health Services' emergency rule classifying THCA products as controlled substances.

"This gives our members breathing room, but the fight is far from over," said a spokesperson for the Texas Hemp Coalition, one of the plaintiff groups in the case.

The emergency rule, enacted in January, had effectively shut down THCA flower sales across Texas—a move that blindsided retailers who had built businesses around the hemp-derived cannabinoid. THCA (tetrahydrocannabinolic acid) converts to THC when heated, but remains legal under federal law as long as the raw plant contains less than 0.3% delta-9 THC.

The Legal Arguments

Plaintiffs argued the health department exceeded its authority by reclassifying THCA without proper legislative approval. Texas law explicitly allows hemp products that comply with federal standards, they contend, and THCA flower meets those requirements.

The state countered that THCA products are essentially marijuana in disguise—a loophole that circumvents Texas's strict cannabis laws. Department officials claimed the emergency rule was necessary to protect public health and prevent the proliferation of intoxicating products marketed as legal hemp.

Judge Soifer's order doesn't resolve those arguments. It simply maintains the status quo while both sides prepare for a preliminary injunction hearing scheduled for June.

Market Impact

Texas represents one of the largest hemp markets in the country, with hundreds of retailers selling THCA flower alongside CBD and other hemp products. Industry analysts estimate THCA sales generate tens of millions of dollars annually in the state.

The brief ban had already forced some shops to pull products from shelves and lay off employees. Others had pivoted to selling THCA in non-smokable forms like vapes or edibles, which weren't explicitly covered by the emergency rule.

"We had maybe three days where we couldn't sell flower," said one Austin retailer who requested anonymity. "But even that was enough to hurt. Customers were confused and angry."

The uncertainty has also affected suppliers and cultivators who grow hemp specifically for THCA content—a practice that's become increasingly common as demand for legal intoxicating products has grown.

What Happens Next

The case will proceed to a preliminary injunction hearing in June, where Judge Soifer will decide whether to extend the block on enforcement while the lawsuit continues. A full trial on the merits could take months or even years.

Meanwhile, the Texas legislature is considering several bills that would clarify the legal status of THCA and other hemp-derived cannabinoids. Some proposals would explicitly ban THCA products, while others would create a regulated framework for their sale.

Legal experts say the outcome will likely hinge on how courts interpret the interplay between federal hemp law and state cannabis prohibitions—an issue that's created confusion across multiple states.

"Texas isn't alone in grappling with this," noted one cannabis attorney who has tracked similar cases in other states. "But given the size of the market here, whatever happens will have national implications."

For now, hemp retailers can continue selling THCA flower. But they're also watching the calendar, knowing that summer will bring another critical decision point.

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This article is based on original reporting by mjbizdaily.com.