A Travis County judge denied hemp businesses' bid to block enforcement of Texas's undefined THC 'trace amount' standard, but a temporary injunction hearing is now set for October 30 before a different judge.
GULF & INTERIOR SOUTH, Sept. 10, 2026: A Travis County judge on September 6 denied hemp businesses' request for a temporary restraining order against the Texas Department of State Health Services' enforcement of an undefined THC "trace amount" standard, but set an October 30 hearing on a longer-lasting injunction before a different judge.
Judge Maya Guerra Gamble's denial leaves DSHS's enforcement approach in place for now and does not resolve the underlying lawsuit, filed by SS Distro USA LLC, Topps Distro LLC doing business as KingPin Kush, Jason Moreno doing business as My City Hemp, and Trevor Kocaoglan. The temporary injunction hearing will be held October 30 before Judge Maria Cantu Hexsel of the 53rd District Court in Austin. "While we are disappointed not to have received the temporary restraining order, we look forward to the hearing date for the temporary injunction," said David Sergi, the plaintiffs' attorney. "In similar cases, even when a TRO has been denied, the temporary and permanent injunction has been granted." An economic analysis submitted with the case estimates Texas's consumable hemp industry generates about $5.1 billion in annual revenue and supports nearly 48,900 jobs.
The case is the fourth active piece of Texas hemp litigation. No rulings were reported this week in the other three: a Western District federal case brought by four retailers, the Texas Hemp Business Council's appeal before the Fifteenth Court of Appeals, or a Galveston federal case seeking a preliminary injunction. DSHS's March 31 total-THC testing rule and its July 31 Schedule I reclassification of delta-8, delta-10, THCP and THCA flower remain enforceable throughout.
No new developments were confirmed this week in Kentucky, Louisiana, Tennessee, Alabama, Mississippi, Arkansas or Oklahoma. Watch for the October 30 hearing, any ruling in the Western District case, and whether the Fifteenth Court of Appeals sets oral argument in the Texas Hemp Business Council's appeal.
Forma works embedded on hemp and THC beverage formulation and commercial scale-up, from compliant dosing and label claims through co-packer qualification. This wire is a byproduct of the same regulatory tracking that informs that work.
See Beverage Formulation →