Texas flips; the hemp rules don't (yet)
Thynk News | November 4, 2026
Texas voters made big changes on Tuesday. The hemp rules did not.
What changed (news). The AP called the races for Gina Hinojosa (D) over Gov. Greg Abbott, Vikki Goodwin (D) over Lt. Gov. Dan Patrick, and James Talarico (D) over Ken Paxton for U.S. Senate. Patrick led the 2025 THC-ban push; Goodwin ran against it. The winners take office in January. The Texas Senate is expected to keep a Republican majority and to shape the new lieutenant governor's power.
What has not changed (agency rule). Texas has not reopened. Since July 31, 2026, DSHS has listed delta-8 and other non-delta-9 THC as Schedule I. Courts have denied two TROs against it, one federal and one in Travis County. DSHS's March 31 rules count THCA toward the 0.3% limit and set retail registration at $5,000 per location ($10,000 for manufacturers). Those rules have been enforceable since the 15th Court of Appeals stayed an injunction on June 5. Gov. Abbott's Executive Order GA-56 (Sept. 2025) ordered those rule changes. Delta-9 products at or under 0.3% remain legal. Elections don't change rules. Only new rulemaking, legislation, or a court order can.
Courts (court). On Nov. 2, a Travis County judge heard the temporary injunction request in SS Distro USA v. DSHS. As of this morning, we have seen no ruling reported. Separately, the 15th Court of Appeals set DSHS v. Texas Hemp Business Council (No. 15-26-00099-CV) for oral argument. The parties and press report the date as Dec. 8.
Comment window (pending). TABC's proposed amendment to 16 TAC §35.7 would define "reasonable care" and "reasonable steps" for hemp consumption at off-premise alcohol retailers. Written comments are due Nov. 9 at 5 p.m. CT to rules@tabc.texas.gov.
Federal dates (enacted law). P.L. 119-37, as staged by P.L. 119-103, starts in two steps. On Nov. 12, 2026, only cannabinoids not capable of being naturally produced by the plant lose hemp status. On Dec. 11, 2026, the rest takes effect, including total THC and the 0.4 mg-per-container cap. Reported Democratic control of the U.S. Senate (news) does not move either date.
Our read. The politics shifted. The compliance calendar did not. We're planning around the rules in force today, and we'll update you when a court, an agency, or the Legislature actually acts.
General information only, current as of Nov. 4, 2026.
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