Seesaw rulings on Texas’ smokeable hemp ban is bad for business, retailers say

May 17, 2026 - 10:18

Retailers across Texas are voicing frustration over the confusing legal status of smokeable hemp, as conflicting court rulings leave the industry in limbo. A recent state appeals court decision upheld a ban on the sale of smokeable hemp products, reversing an earlier lower court ruling that had blocked enforcement. This back-and-forth has created a legal whiplash that business owners say is damaging their livelihoods.

The Texas Department of State Health Services has pushed for the ban, arguing that smokeable hemp is not covered under the state's 2019 hemp law. However, hemp farmers and retailers argue the ban contradicts the federal 2018 Farm Bill, which legalized hemp and its derivatives. The result has been a patchwork of enforcement, with some stores pulling products while others continue sales, unsure of the law's current application.

For small business owners, the instability is costly. Many have invested heavily in inventory and licensing, only to face the threat of sudden shutdowns or fines. "You cannot run a business when the rules change every few weeks," one retailer said. The issue is likely headed to the Texas Supreme Court, but until a final decision is made, the smokeable hemp market remains in a state of legal confusion, leaving retailers caught in the middle.