Members of the Texas hemp industry said that Friday, May 1, represented a victory for the market. After Travis County District Judge Maya Guerra Gamble granted a temporary restraining order on April 10, blocking enforcement of some of the new Department of State Health Services-proposed rules that upended the industry, Judge Daniella DeSeta Lyttle issued a temporary injunction, allowing the market to momentarily proceed under the regulations set in place prior to the DSHS’s changes, which went into effect on March 31. The final trial is scheduled for July 27.
The last few months have jolted entrepreneurs in the field to and fro, as they had about a month to prepare for the drastic changes, adjusted for just 10 days before Judge Guerra Gamble’s initial decision allowed them to revert back to relatively normal practices for a little over two weeks, and now can breathe a sigh of relief as those practices are here to stay for at least a little over two months. The main concerns from those involved revolved around the redefinition of THC, which would eliminate the sale of smokable hemp products that make up a majority of these businesses’ sales, and heavily increased licensing fees. Both of those modifications have been put on hold while alterations that enhance consumer and child safety remain.
Anticipation of Friday’s decision was at an all-time high, business owners said, as the hearing was originally scheduled for April 23, but was delayed. Now, they feel slightly at ease, granted the wiggle room.
“We’re just excited that today finally came and that it’s workable for compliance pass,” said Jeana Aliani, CEO and co-founder of Leander manufacturer Morning Dew Farms. “We’ve seen light at the end of the tunnel.”
The momentary pause comes after members of the hemp space from all over Texas joined together to sue the state agencies that implemented the new rules, saying the entities overstepped their legal authority. Andrew J. Alvarado, one of the six attorneys who represented the Texas hemp industry in the lawsuit against the changes, said that for the last few weeks, he has been working restlessly on the suit.
“It’s been a crazy past couple of weeks where I had to dedicate almost all of my time into this case and into getting ready,” he said. Alvarado said that the state is expected to appeal the temporary injunction, which could impact the July trial date.
He referred back to the testimonies from advocates, entrepreneurs, veterans, and other pro-cannabis individuals, saying they were vital in securing this injunction and keeping the products legally in consumers’ hands. Alvarado expressed relief knowing “that these products will stay on the shelves and people will continue to get access to these products that they need.”
For Chris Lynch, owner of Austin-area manufacturer True Hemp Science, the judge’s decision only makes sense, given what is publicly known about cannabis. “It’s too easy to get informed of the benefits of this plant,” he said. “It’s just obvious that the pressure [on the state] is coming from the lobbyists or entrenched interests.”
Aliani said that the judge’s decision made her feel like she was “dodging a bullet.” Still, she said that the disruption resulted in her business’ sales dropping significantly and has put her business partnerships at risk, specifically with out-of-state vendors that relied on Morning Dew Farms to source their products. “I have to try and rekindle these broken relationships that have taken years to establish,” she said.
Coincidentally, on the same day, the Texas Supreme Court issued a ruling of its own on a lawsuit dating back to 2021 regarding the legality of Delta-8 products. The state’s highest court decided that the DSHS has authority to consider Delta-8 a Schedule I substance, allowing the department to criminalize the substance. An additional lawsuit from the Texas Hemp Business Council is expected regarding criminalizing Delta-8.
Alvarado said that he and the other attorneys who worked to get the industry the highly sought-after injunction are now looking to see if the Texas Supreme Court’s determination has any impact on Judge DeSeta Lyttle’s ruling. “We’re taking a look at that to see if it has any impact at all on our case, but I haven’t had time to go through that thoroughly or determine sort of the legal analysis there.”
From a business owner’s standpoint, Aliani does not think that this judgment will impact Morning Dew Farms as significantly as the rule modifications have. “Delta-8 isn’t really a big request for us, so if that does stay illegal in Texas, it’s completely fine. … It’s not a huge part of our sales,” she said. “Most people are looking for Delta-9, THCA, and some of the other minor cannabinoids.”
For now, both Aliani and Lynch said that the decision at the Travis County District Court gives them a bit of breathing room, although the legal battle is far from over. “We do believe in Texas, and we do believe that they can protect the consumers and the minors without destroying small businesses,” Aliani said. “I hope that they’re not gonna continue to be in conflict.”
Lynch thinks that conflict will remain until new elected officials claim seats within the Capitol. “I don’t see it being resolved if you have people in the Legislature that are not actually listening to their constituents,” he said. “That’s the main thing: How do we get people to represent us that are responsive to their constituents?”
This article appears in May 8 • 2026.
