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Hemp industry navigates back-and-forth over THC
It's been a back-and-forth week in the legal battle over smokeable hemp. The state is currently appealing a court ruling which would keep those products on the shelves. FOX 7 Austin's Marco Bitonel spoke with those representing the hemp industry who believe they've provided more than enough evidence to have the court side in their favor.
AUSTIN, Texas - The Texas Supreme Court has given a hemp business more time to request a rehearing in a case it ruled on earlier this month, as the future of THC in the state remains uncertain.
What we know:
The question in the case involving Austin-based Hometown Hero was answered by justices on May 1 in an essentially unanimous decision that said the Department of State Health Services has broad authority to regulate substances.
In Friday’s ruling, the state’s highest court put a deadline on an injunction in the case involving Hometown Hero for 5 p.m. May 28, unless the court orders otherwise.
Kaab Malik, owner of iVape ATX, reaches for a strain of smokeable hemp at his shop on Guadalupe Street in Austin, Monday, March 30, 2026. (Mikala Compton/The Austin American-Statesman / Getty Images)
Dig deeper:
This case is separate from the so-called "Total THC" case over new state rules that would essentially ban most smokable hemp products.
The rules were supposed to take effect March 31, but they have been blocked by a Travis County court until at least July.
The new rules required child-resistant packaging and testing. They also set a 0.3% THC limit for consumable hemp products, and hiked licensing fees for retailers from about $250 to $10,000 in some cases.
What they're saying:
Advocates for the hemp industry said the rules would essentially force them to discard a large amount of inventory, and run them out of business. They also argued that the increased fees essentially amount to an "unconstitutional occupation tax."
Attorneys for the state argued that the rule is a public safety necessity. They called THC-A, a non-intoxicating compound found in most smokable hemp products, "marijuana in waiting" since it converts to an intoxicating form of THC called Delta-9 when heated.
The Source: Information in this story came from the Texas Supreme Court and previous FOX Local reporting.