Smokable hemp technically is banned for sale in Texas again, after an appeals court ruling that lifted a lower court's injunction of new state rules.

The legal fight is far from over. Another court ruling could change things again.

kut.org/business/2026-… Texas rule targeting smokable hemp is back in effect The Texas Fifteenth Court of Appeals has cleared the way for new Department of State Health Services rules governing hemp products to take effect again, including higher fees for businesses and limits on the sale of THCA flower and concentrates.

Didn't make it in the story, but @lukasgilkey said the DSHS "Total THC" rule is pushing hemp manufacturing out of Texas.

"In a weird way, it sort of allows companies to operate outside the state without having to play by the same rules that companies in the state," Gilkey said. https://t.co/ziBrLijqDQ

@lukasgilkey

x.com/kutnathan/stat… Nathan Bernier (@KUTnathan) on X Even though some new Texas hemp regulations are not blocked by court order, the state health department doesn’t appear to be enforcing them at the moment. “DSHS is still determining how to proceed given that there is not a final disposition yet," spokesperson Lara Anton said.

CapMetro is shutting down Bikeshare service citywide after a fire at their Bikeshare facility (5315 E. Ben White Blvd) damaged batteries and charging infrastructure.

Statement from CapMetro: https://t.co/4moW0u8OXf

x.com/capmetroatx/st… CapMetro (@CapMetroATX) on X ATTN: Due to a disruption to service, Bikeshare will be unavailable beginning at 11 a.m. today, May 24. We know many customers rely on Bikeshare to get around, & we apologize for the inconvenience. We will continue to provide updates, as they are available, & when service is

Update:

kut.org/transportation… Investigators examine whether batteries sparked fire that shut down Austin's Bikeshare Almost 500 electric bikes have been pulled from Austin streets since Memorial Day weekend, with no timeline for their return.

Audio version of the update:

Austin's Bikeshare service has been shut down since a May 23 fire inside a battery charging room at a CapMetro facility on Ben White.

The same day, a Bikeshare bike caught fire on South Congress.

The role of batteries is being investigated in both.

kut.org/transportation… Investigators examine whether batteries sparked fire that shut down Austin's Bikeshare Almost 500 electric bikes have been pulled from Austin streets since Memorial Day weekend, with no timeline for their return.

For those tired of reading, the audio version of the story includes Austin Fire Department radio communications from the night of the fire. https://t.co/qr9jkfkitb

NEW: TxDOT denies Austin request to keep certain street art including:

• Black Artists Matter mural on 11th • Pride crosswalk at 4th and Colorado • TEXAS mural on Guadalupe • "River" crosswalk on Lake Austin Boulevard

Pics in thread below.

kut.org/transportation… TxDOT denies Austin request to keep 'Black Artists Matter' mural, Pride crosswalk The state also rejected Austin's request to keep the giant "TEXAS" street painting near the University of Texas at Austin campus and gave the city until June 22 to submit a plan.

Here's the letter TxDOT sent Austin Transportation and Public Works on Monday, May 18.

A TPW spokesperson confirmed receipt of the letter, but wouldn't release it until staff finished drafting a memo to the Mayor and City Council, expected by Thursday.

https://t.co/P3OcjwhAb0 https://t.co/J7hghYsrue

The Black Artists Matter mural was installed on 11th Street on June 18, 2020 by the city, Capitol View Arts and the Austin Justice Coalition. It was last touched up by the city in 2024.

📷 by KUT's Gabriel C. Pérez https://t.co/c2vqmJ88Ra

The Pride crosswalks at 4th and Colorado streets were installed in late 2021 to commemorate National Coming Out Day.

📷 by KUT's Gabriel C. Pérez https://t.co/m9uJa28q1H

UT Austin's "TEXAS" mural along Guadalupe Street was installed in August 2024 as the Texas Longhorns prepared for their debut in the Southeastern Conference. https://t.co/ttbZIXMjwx

CapMetro says Rapid Routes 800 and 837 will arrive every 10 minutes starting June 7.

They've been on 20 minute frequencies since launching in Feb. 2025, a couple years late.

Also June 7: park-and-rides finally open at the end of each line at Goodnight Ranch and Expo Center. https://t.co/KvXqxRdhxo

The Goodnight Ranch Park-and-Ride on Slaughter Lane will have 64 parking spaces.

The Expo Center Park-and-Ride on Decker Lane will have 159 parking spaces.

Routes 18, 233, and 337 will also end at the Expo Center starting June 7.

Routes 318 and 333 will end at the Goodnight Ranch Park-and-Ride starting June 7.

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.

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

"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.

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.

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.

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.

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.