(Jay Janner/The Austin American-Statesman via Getty Images)
A Texas-based hemp retailer has filed a lawsuit in Travis County to block new state regulations scheduled to take effect March 31, 2026, that would effectively ban many currently legal hemp products.
Boomtown Vapor files lawsuit
The legal challenge, filed March 17 by Boomtown Vapor LLC, targets the Texas Department of State Health Services (DSHS) and its commissioner, Dr. Jennifer Shuford. The lawsuit alleges the agency is overstepping its authority by unilaterally redefining the legal standard for hemp.
Texas ban on smokable THC products to take effect March 31
New rules were adopted recently by the Texas Department of State Health Services, which prohibit stores from selling any smokable form of THC, including hemp derivatives.
At the center of the dispute is a shift from a "Delta-9 THC" standard to a "Total THC" standard. Under current Texas law established by House Bill 1325 in 2019, hemp is defined as having a Delta-9 tetrahydrocannabinol concentration of no more than 0.3%. The new DSHS rules would combine Delta-9 and THCA to meet that 0.3% threshold, a move the plaintiff argues would render nearly all its inventory illegal for sale overnight.
The lawsuit also challenges a new $5,000 annual retail registration fee, calling it a "prohibitive tax" designed to destroy the industry rather than a reasonable regulatory fee.
Timeline:
- 2019: Texas Legislature passes HB 1325, defining legal hemp based solely on Delta-9 THC levels.
- June 2025: Governor Greg Abbott vetoes Senate Bill 3, which would have banned most intoxicating hemp products, warning that such a ban was legally flawed.
- September 10, 2025: Governor Abbott issues Executive Order GA-56, directing state agencies to implement new hemp-related rules.
- March 17, 2026: Boomtown Vapor LLC files its petition for a declaratory judgment and temporary restraining order in Travis County.
- March 31, 2026: Deadline for the new DSHS rules to go into effect unless a court intervenes.
- April 1, 2026: The date by which the new "Total THC" standard and the $5,000 registration fee would be fully enforceable state law.
The plaintiff is seeking a temporary restraining order to stop the enforcement of these rules, arguing that without it, thousands of Texas small businesses would face closure and layoffs. DSHS has not yet issued a public response to the filing.
The Source: Information in this article is from the Boomtown Vapor LLC lawsuit against the Texas Department of State Health Services (DSHS), and previous FOX Local coverage.