On Aug. 9, a federal judge refused to temporarily block Texas's rule treating delta-8 and most other hemp-derived THC as Schedule I drugs; the lawsuit continues

A federal judge in Galveston on Aug. 9, 2026, denied an emergency request to temporarily block Texas from treating most hemp-derived THC products as Schedule I controlled substances, The Texas Tribune reported. The ruling left the state's rule in place while the lawsuit continues.

U.S. District Judge Jeffrey Brown said the plaintiffs had not shown they were likely to succeed on their claims that the ban violates due process and the Commerce Clause, and had not shown they would face irreparable harm without an injunction, Bloomberg Law reported. According to the Tribune, Brown found that the hemp businesses had not sufficiently demonstrated irreparable harm from the ban on interstate commerce. The Tribune reported that a separate request for a preliminary injunction, which allows for fuller briefing and an evidentiary hearing, remained pending at the time.

"A temporary restraining order is emergency relief, held to one of the toughest standards in federal law," Andrea Steel, lead counsel for the hemp industry in the case, said in a news release quoted by the Tribune. "Being denied one at this stage does not decide our case. We expected a hard fight, and we remain confident in the law."

The lawsuit names the Texas Department of State Health Services, Attorney General Ken Paxton, and the Galveston County criminal district attorney and sheriff, according to the Tribune. It argues that classifying hemp-derived substances as illegal conflicts with the 2018 federal farm bill, which removed hemp from the federal Controlled Substances Act.

The Texas Department of State Health Services says its scheduling action, effective July 31, 2026, reinstates clarifications to the definitions of tetrahydrocannabinols and marihuana extract in the state's 2021 Schedule of Controlled Substances, following a Texas Supreme Court opinion delivered May 1, 2026. Under the department's guidance, only naturally occurring trace amounts of delta-8 THC are allowed in consumable hemp products, products labeled to contain delta-8 THC or shown to contain more than trace amounts of THC may be detained and referred to law enforcement, and consumable hemp products may contain delta-9 THC at no more than 0.3 percent on a dry weight basis. The Tribune reported that the ban covers delta-8, delta-10, THCP and THCA flower, and that possession of products now classified as Schedule I can be treated as a state jail felony, according to cannabis experts.

Later developments: On Sept. 29, 2026, the plaintiffs, an individual and two hemp companies, filed a motion asking the court to grant summary judgment on their federal preemption claim and, in the alternative, their vagueness claim, according to the court filing. A search on Oct. 17, 2026, found no reported ruling on the merits, and the case remains pending.

Claims in a lawsuit are allegations until a court rules on them. This report is not legal advice.