When will Delta-8 gummies be banned in Texas now that SCOTX reversed a 2021 temporary injunction that had allowed for their sale?

I asked the Department of State Health Services.

The response I got 40 minutes ago was they're still reviewing the ruling.

I also asked if DSHS would order other products containing cannabinoids converted from CBD — such as THCP and HHC — be pulled from shelves. Apparently, that's also still under review.

Based on the Texas Supreme Court ruling from Friday, it seems plausible that DSHS could move to force hemp retailers to pull anything "manufactured" from CBD.

https://t.co/AC6Le1Gjy6 https://t.co/tbSNcxFHLC

@DIguanadon As I recall, DSHS is arguing Delta-8 converted from CBD is a “synthetic cannabinoid.” Other Schedule 1 drugs include heroin and fentanyl.

https://t.co/Q31IB7beRu https://t.co/5BrN4DDZ73

After a dizzying set of court developments this week, smokable hemp is still legal to sell in Texas at least till next Thursday, May 14, reports @Steve55Simpson.

texastribune.org/2026/04/08/tex… Smokeable hemp back on Texas shelves for now After a dizzying string of court actions on smokeable hemp this week, Texas 15th Court of Appeals agreed to allow the sale of the drug until May 14.

@Steve55Simpson I learned more about this situation today and posted it in a thread here.

x.com/KUTnathan/stat… Nathan Bernier (@KUTnathan) on X A lot of confusion this week around the sale of smokable hemp in Texas. Basically, it remains legal for now, but there's no way to know for how long. Here’s my best understanding after speaking with Amanda Taylor, an attorney for plaintiffs who specializes in appeals. 🧵

A lot of confusion this week around the sale of smokable hemp in Texas. Basically, it remains legal for now, but there's no way to know for how long.

Here’s my best understanding after speaking with Amanda Taylor, an attorney for plaintiffs who specializes in appeals. 🧵 https://t.co/WdKxM5ivIV

First, the obligatory background.

Cannabis is the plant.

"Hemp" is a legal category of cannabis with no more than 0.3% Delta-9 THC, the main psychoactive ingredient. "Marijuana" has more than 0.3%.

APD says they can't tell the difference.

But cannabis contains THCA, which converts to Delta-9 when heated or smoked.

That's why last week's temporary injunction suspending a new state rule that counts THCA as 88% Delta-9 for the purposes of sales was so important to the industry.

kut.org/business/2026-… Court order allows smokable hemp to stay on shelves in Texas A Travis County judge issued a temporary injunction allowed the sale of hemp flower and concentrates and blocking sharply higher state fees charged to businesses that make and sell hemp products.

Thursday, May 7: The 15th Court of Appeals restored the injunction, but only until it has more time to consider the issue.

The court asked the state to respond to the emergency motion by May 15. Then court will have to decide whether to leave the temporary injunction in place. https://t.co/ckE7Y0tuDW

How long will it take the 15th Court of Appeals to decide on the temporary injunction on the hemp case?

"Typically within the first couple weeks of an appeal being perfected," Taylor said. Perfecting an appeal means all the required docs are properly filed.

"What is he thinking?!" Mayor Kirk Watson texted a staffer as ATP pursued a $32 million office lease at 100 Congress Ave.

AT KUT Fest, CM Paige Ellis agreed the plan was "tone-deaf," but said the dispute showed Project Connect oversight is working.

kut.org/transportation… Austin council member calls ATP office lease wrong move, defends Project Connect oversight At KUT Fest, Paige Ellis — who's on Austin's city council and CapMetro's board — agreed with Mayor Kirk Watson that ATP's office lease plan was wrong, but said the dispute showed oversight is working.

This is a valid point. I didn't realize it until now, because the image was so blurry, but Mayor Watson's senior policy strategist Max Lars sent Watson a copy of the @atx_data tweet below in a text message on April 11. https://t.co/7hVOwgOxNj

x.com/Jason_A_Scharf… Jason Scharf (@Jason_A_Scharf) on X @KUTnathan How is oversight working? It required @data_atx to go viral for people to be aware of the lease.

@ATX_Data The story has been updated to include that Watson reacted after being sent the @data_atx post. https://t.co/3wzlahcwQY

BREAKING: Smokable hemp can stay on store shelves across Texas after Travis County judge grants temporary injunction that also freezes sharply higher licensing and registration fees.

kut.org/business/2026-… Court order allows smokable hemp to stay on shelves in Texas A Travis County judge issued a temporary injunction allowed the sale of hemp flower and concentrates and blocking sharply higher state fees charged to businesses that make and sell hemp products.

Jason Snell, attorney for the plaintiffs: "[Judge DeSeta Lyttle] issued a statewide injunction which prohibits what we believe are illegal rules from going into effect, which would cripple the hemp industry statewide."

Direct link to the order granting temporary injunction:

documentcloud.org/documents/2808… Hemp Case Temporary Injunction 050126

@TechSalesShark @DilapidatedChkn @saveaustintx Or at least the judge set the trial for July 27. The date could change.

BREAKING: Texas Supreme Court rules against Hometown Hero in Delta-8 case, overturning injunction that prevented the state from treating Delta-8 as a controlled substance.

https://t.co/FWnDDRoPXw https://t.co/kWc4TdzsYu

However, the Texas Supreme Court did clarify that the hemp businesses were allowed to bring the suit, saying they had standing because DSHS action caused real economic harm and they didn't have to "bet the farm" by violating the law to sue.

But the plaintiffs (Hometown Hero, Create a Cig Temple, Darrell Surif, David Walden) lost on claims that mattered for keeping the injunction.

Because those claims failed, the court ended the injunction that had blocked the state from treating manufactured D8 as controlled.

The Texas Supreme Court said naturally occuring trace Delta-8 in hemp is allowed. But manufactured D8 products converted from hemp-derived CBD are not.

Texas hemp stores will have to stop selling smokable forms of cannabis Friday at 5 p.m. unless a judge issues a temporary injunction.

Today is the LAST DAY of that hearing.

I'm in the media room at the Travis County Civil & Family Courts Facility with a clean audio feed. 🧵 https://t.co/KS1gqAjno8

Some background in my story from yesterday.

kut.org/business/2026-… Texas court weighs whether smokable hemp can stay on shelves after Friday The Texas hemp industry is asking a judge to suspend some of the state's new rules while businesses challenge the regulations in court.

Plaintiffs are challenging on four categories of the rules. https://t.co/Qt0zEMEPOz

The defense (state health officials represented by the Texas Attorney General's Office) call their witness: Dr. Timothy Stevenson.

Stevenson specializes in public health and food safety. He's worked for 7.5 years with the Department of State Health Services. He's Deputy Commissioner for Consumer Protection.

Works with programs like EMS, radiation, dealing with asbestos/lead, food and drug, etc.

A not widely reported detail in the lawsuit by Texas hemp companies: Texas medical marijuana company Texas Original Compassionate Cultivation filed a brief siding with the state. https://t.co/IKidZlnpdr

kut.org/business/2026-… Texas court weighs whether smokable hemp can stay on shelves after Friday The Texas hemp industry is asking a judge to suspend some of the state's new rules while businesses challenge the regulations in court.

Late last year, Texas Original opened the largest medical marijuana grow house in the state.

The new 75,000-square-foot headquarters on FM 969 in Bastrop is almost ten times the size of their previous facility. https://t.co/cWdk4ghySO

In a statement to KUT News, Texas Original CEO Nico Richardson said, "Hemp dispensaries across the state are selling illegal marijuana products mislabeled as ‘hemp,’ with no medical oversight or safeguards." https://t.co/XAfQRhLJkP

You can read the Texas Original filling in the hemp case here. https://t.co/4JRMbVGv72

documentcloud.org/documents/2808… Hemp hearing amicus brief — Texas Original Compassionate Cultivation

Texas hemp stores have less than 48 hours left before they have to stop selling flower, extract and smokable forms of cannabis.

That's unless a Travis County judge issues a temporary injunction.

Day two of the hearing was today. Last day is tomorrow.

kut.org/business/2026-… Texas court weighs whether smokable hemp can stay on shelves after Friday The Texas hemp industry is asking a judge to suspend some of the state's new rules while businesses challenge the regulations in court.

Audio from today's proceedings:

I'm at Travis County district court for DAY TWO of a hearing over the new Texas hemp regulations.

I'll be posting more updates below from the "media room" at Travis County Civil and Family Courts Facility. I have a clean audio feed but can't see the courtroom. https://t.co/vGGAeqJ4S1

Some background on the hemp rules: https://t.co/Pzc1GJABFY

Some background on the lawsuit: https://t.co/0SrKGKxHTS

A story about a temporary restraining order that paused some of the rules: https://t.co/CmmDYBvGDm

Here's an audio story about the hearing I wrote yesterday that ran on NPR this morning. https://t.co/zaheYshRSx

Texas Hemp Business Council executive director Mark Bordas is now on the stand. He was a lobbyist for Anheuser-Busch for 20 years. Now his organization is suing the state to allow the continued sale of certain products that are often seen as competition to alcohol.

Bordas: Since the new state regulations, "there has definitely been a winnowing of the people that continue to participate in the industry because they believe they're reading the tea leaves and why would you invest further."

Austin's airport says their flight map is "now fully live," allowing people to check nonstop and connecting flights in real time.

I haven't really explored it yet. Curious to know what you think. https://t.co/OwgxGp7kfu

Here's their press release on it:

Here's five hours of audio from DAY ONE of the Texas hemp hearing yesterday.

The hemp industry is seeking a temporary injunction that would, among other things, allow for the sale of smokable cannabis products while their lawsuit plays out in court.

KUT News obtained court permission to record the hearing, which is not being live streamed by the court.

Here's five hours of audio from DAY ONE of the Texas hemp hearing yesterday.

The hemp industry is seeking a temporary injunction that would, among other things, allow for the sale of smokable cannabis products while their lawsuit plays out in court.

KUT News obtained court permission to record the proceedings, which are not being live streamed by the court.

I'm at Travis County district court for a hearing over the new Texas hemp regulations. Hemp businesses are asking for a temporary injunction to keep blocking parts of the rules while their lawsuit plays out.

I'll be posting some updates below.

KUT News filed a motion requesting permission to record the hearing. The motion had been granted.

The Texas Attorney General's Office asked the judge to deny permission to record.

Judge Daniella DeSeta Lyttle denied the motion.

"A trial is public event," she said in part.

Some background on the hemp rules: Some background on the lawsuit: A story about a temporary restraining order that paused some of the rules:

kut.org/business/2026-… Texas ban on selling smokable cannabis takes effect March 31 New state rules change how THC levels are calculated and raise fees on hemp businesses by as much as 4,000% kut.org/business/2026-… Texas hemp companies sue over smokable cannabis ban and higher fees Companies seek immediate pause of rules, accusing Texas regulators of effectively banning smokable products, raising fees beyond what's allowed and sidestepping rulemaking requirements. kut.org/business/2026-… Judge blocks new state rules that ban sale of smokable hemp A Travis County judge agreed with plaintiffs that some of the rules that took effect March 31 were causing irreparable harm.

Plaintiffs attorney says they will bring witnesses explaining why these rules "will cause disruption."

"We have dramatically increased fees ... 3,000% and more. ... These are draconian when applied to a small business."

Texas Attorney General lawyer asks entire matter be dismissed, saying this court doesn't have jurisdiction. "Sovereign immunity protects the state, state officials from suit except in very limited circumstances. It is plaintiffs' burden to express that immunity has been waived."

U.S. Sen. John Cornyn says he doesn't support funding for Austin's Project Connect transit expansion.

Cornyn, who's fighting Texas AG Ken Paxton for the GOP Senate nomination, told @NewsRadioKLBJ that "we don't need this sort of project along with the profligate spending." https://t.co/7tN3fLKZPh

The Austin Transit Partnership, a government corporation created to build light-rail line, got the green light from the FTA in January to build a 9.8-mile system.

ATP is now waiting to find out if the feds will cover up to half the $8 billion tab.

kut.org/transportation… Austin's light-rail plans get environmental clearance from Trump administration Federal transit officials approve the environmental review for Austin's light-rail plans. But the question of federal funding remains unanswered.

"Obviously, the [Austin] city council has run amok and needs to be reined in, and this is maybe just the latest example," Cornyn said.

Paxton also opposes Project Connect and is fighting it in Texas court.

Source:

omny.fm/shows/the-todd… Todd and Oz Show 4-16-26 - The Todd and Oz Show A Travis County judge has reissued a temporary injunction blocking camp Mystic from reopening its Guadalupe River grounds anytime soon after a 3 day hearing where judge Maya Guerra Gamble decided to keep the injunction and restraining order in place over camp mystic that she issued back in March, Senator John Cornyn joins the show to discuss his position in the Texas state primaries coming this summer, and a new report out by the transportation and public works department shows two large bridges and 20 smaller bridges are in need of repair across the city over the next five years as city staff says more than $90-million-dollars will need to be spent on bridge replacement and repair.

In the meantime, ATP is moving forward with hiring contractors.

This week, ATP's board approved a $25 million contract with Kiewit Austin Partnership to start work on the operations and maintenance facility near the airport.

https://t.co/07EDGeh8fU https://t.co/25qJkVqWdo

Austin's mayor who sits on ATP's board, this week publicly opposed the agency's decision to pursue a $4 million/year lease at 100 Congress Avenue downtown without first trying to move into CapMetro's headquarters.

x.com/KUTnathan/stat… Nathan Bernier (@KUTnathan) on X PROJECT CONNECT NEWS: Austin Mayor Kirk Watson says he opposes an Austin Transit Partnership plan to lease prime office space at 100 Congress Ave. for $4.27 million/year ($32 million total for 7.5 years). Watson sits on the ATP board. Video of 100 Congress by Carr Properties:

The ATP board was set to vote Wednesday on the lease plus a $15 million contract to furnish the space.

But now ATP says board chair Veronica Castro de Barrera has asked the item be postponed "to allow for additional information and a better understanding of the proposal." https://t.co/drKSt4W00g

PROJECT CONNECT NEWS: Austin Mayor Kirk Watson says he opposes an Austin Transit Partnership plan to lease prime office space at 100 Congress Ave. for $4.27 million/year ($32 million total for 7.5 years).

Watson sits on the ATP board.

Video of 100 Congress by Carr Properties: https://t.co/Bdnegltj4Z

Watson says he opposes ATP's proposed $32 million lease because it...

1) ...comes less than 6 months after Austinites rejected a tax rate election.

2) ...lacked an "analysis of alternatives" and would set back ATP's work "calibrating its plans and stabilizing governance." https://t.co/cWc5i5gSZd

Watson suggested to ATP executive director Greg Canally that the agency move into CapMetro HQ on East 5th.

Canally told Watson that ATP needed more space and "felt it important for ATP to be downtown," according to Watson's account.

Watson says ATP should "immediately begin the process of looking at how it can co-locate with Capital Metro."

He says it would show ATP is "saving the taxpayers money, and watching their financial backs."

📸CapMetro HQ in 2023 https://t.co/WAd9UYXH1O

What is the worst intersection in Austin?

I'm supposed to debate this topic on a City Cast Austin podcast this week. I'm looking at data but want to know what people think.

Here's the friendly debate. Can't really say who won. I think the point is everything is terrible. But at least we had fun.

austin.citycast.fm/podcasts/the-1… The 10 Worst Intersections in Austin - City Cast Austin There are hundreds of intersections in Austin, but which are the absolute worst? Host Nikki DaVaughn is joined by KUT’s transportation reporter, Na...

BREAKING: Smokable hemp products can be sold again in Texas for now.

A Travis County judge just granted a temporary restraining order against some of the new hemp regulations that took effect March 31.

The order leaves in place sharply higher annual fees for businesses. https://t.co/XjhOwuh446

The temporary restraining order remains in effect for two weeks.

A hearing on a possible longer-term suspension of the state's hemp rules (known as a temporary injunction) is set for April 23 at 9 a.m.

Story https://t.co/y2TbzpXFHH

@SassytxSonia This is a great question. I tried to write a story about it. https://t.co/DcaekhDavf