Texas Voters Ousted Dan Patrick and Flipped the Court Hearing the Hemp Case. What Happens to the THC Ban Now?

Updated November 9, 2026. Election results are unofficial until the state certifies them.

Quick answer

Texas voters ousted Lt. Gov. Dan Patrick, the state’s leading backer of a hemp THC ban. They also elected Gina Hinojosa governor, chose a new attorney general and agriculture commissioner, and replaced all three justices on the appeals court hearing the state’s hemp case. Nothing in Texas hemp law changed on Election Day. The state’s hemp rules stay in effect while that appeal waits for the new justices in January, and the Legislature meets January 12, 2027. The federal hemp change on December 11 reaches Texas before any of the new officials take office.

What happened in Texas on November 3?

Texas voters replaced several of the state’s top officials on Tuesday. State Rep. Vikki Goodwin of Austin beat Patrick by about six points in unofficial results, and state Rep. Gina Hinojosa defeated Gov. Greg Abbott. Voters also elected state Sen. Nathan Johnson of Dallas as attorney general to succeed Ken Paxton. They chose new justices for all three seats on the 15th Court of Appeals, the court now hearing the state’s hemp case. All of them take office in January. In the Legislature, Democrats will control the Texas House, while Republicans kept their majority in the Senate, the Texas Tribune reported.

Hemp was a central issue in the lieutenant governor’s race. Patrick made banning hemp-derived THC products a top priority in 2025. After Abbott vetoed that ban in June 2025, Patrick told reporters:

“I’m not going to legalize marijuana in Texas. And if people want to vote me out of office for that, so be it.”

Goodwin spent much of the past year meeting with hemp business owners, and during the campaign she told KUT the state’s hemp restrictions went too far.

Voters also elected Clayton Tucker, a Lampasas rancher, as agriculture commissioner. The Texas Department of Agriculture licenses hemp growers, and Tucker has said he wants farmers to be able to grow hemp.

Why does the lieutenant governor matter so much for hemp?

The lieutenant governor presides over the Texas Senate, and Senate rules let the office appoint committees and steer which bills reach the floor. The 2025 ban (Senate Bill 3) started in the Senate under Patrick, and Goodwin will now lead that chamber.

Goodwin’s stated priorities include reversing the state’s regulatory crackdown and regulating hemp more like alcohol, with age limits, labeling, packaging, and testing rules. Hinojosa has criticized the state’s hemp rules and promised Texans a vote on the future of THC.

Any change still has to pass the Senate. Some senators still want a ban, and the Senate could move to take away some of the lieutenant governor’s power. That’s according to Katharine Neill Harris, a drug policy fellow at Rice University’s Baker Institute, speaking to the Texas Tribune. Sen. Charles Perry, who carried the 2025 ban, plans to try again in 2027, KCBD reported. Mark Bordas, executive director of the Texas Hemp Business Council, gave KSAT his odds. He puts the chance that full-range hemp THC products return to Texas shelves through the Legislature at “around seven out of 10.”

Is the Texas THC ban still in effect?

A full THC ban never became law. Abbott vetoed Senate Bill 3 in June 2025, and the Legislature didn’t pass one in two special sessions. What most people call the Texas THC ban is a set of state rules, and the election didn’t change any of them. Those rules cover 14,170 registered retail locations, according to DSHS figures from June. This is where the biggest pieces stand.

Total THC and smokables. The Texas Department of State Health Services (DSHS) regulates hemp products people eat, drink, or smoke. Its new rules took effect March 31, 2026 (25 Texas Administrative Code Chapter 300). They count THCa toward the 0.3% total THC limit. THCa is the raw form of THC that turns into delta-9 THC when heated, so the rules would take most hemp flower and concentrates off the market. Travis County judges blocked key parts of the rules, including the total THC rule and the new fees, in April and May while the industry’s lawsuit moved forward. The state appealed, and on June 5 the 15th Court of Appeals refused the industry’s request to keep that block in place. That means the rules can be enforced while the appeal plays out. DSHS told senators in July that it is enforcing them.

THC vapes. Senate Bill 2024, the 2025 vape law Abbott signed, still bans THC vapes. It took effect September 1, 2025.

Delta-8. Since July 31, 2026, DSHS has treated delta-8 THC as a controlled substance after a Texas Supreme Court ruling in May. That is a separate fight from the total THC case.

Age 21. The 21-and-up purchase age followed Abbott’s September 2025 executive order (GA-56), and the DSHS rules made it permanent.

Fees. The DSHS rules raised manufacturer license fees from $258 to $10,000 and retail registration from $155 to $5,000, both per location. DSHS has restored those higher fees since the June ruling. Industry leaders say fees that high will force businesses to close.

What happens with the court case?

The state’s appeal (Texas Department of State Health Services v. Texas Hemp Business Council) is at the 15th Court of Appeals, which hears challenges to state laws and rules from across Texas. Oral arguments were set for December 8. On November 5, the court canceled them and said the case will be reset at a later date. The Texas Tribune and Marijuana Moment both reported the change.

Voters replaced all three of the court’s justices on Tuesday, and the new justices take office in early January. The attorney general’s office represents the state in the appeal, and Nathan Johnson takes over that office in January. Justice Scott Field told Bloomberg Law the current court couldn’t finish opinions before year’s end in cases argued in December. The hemp case will go to the new justices.

Harris noted that a law passed by the Legislature is harder to knock down in court than an agency rule. That’s why the industry is focused on the 2027 session as well as the courts.

Does the Texas election change the federal hemp deadline?

No. On December 11, federal law caps hemp products at 0.4 mg of total THC per container. The federal hemp definition also starts counting THCa toward the THC limit that day. Most THCa flower stops counting as hemp under federal law, whatever Texas decides.

The timing matters for Texas. December 11 comes before Goodwin, Hinojosa, and the new appeals court justices take office, so the federal cap reaches Texas stores before any of them can act.

One earlier federal date matters too. On November 12, federal law stops counting cannabinoids the plant can’t make on its own as hemp. Only Congress can move either date. The stopgap funding law that set December 11 (H.R. 6500) also runs out that day. Congress needs another funding bill by then, and lawmakers could use it to delay the hemp change again. Congress came back November 9.

A proposed bill would also give states a bigger say. The Hemp Safety Enforcement Act (S. 4315), from Sens. Rand Paul and Amy Klobuchar, would let a state opt out of the federal hemp rules and write its own, as long as it sets a minimum purchase age. It is still a proposal. For the full timeline, read our federal hemp ban update.

What should Texas hemp businesses watch before January?

The 15th Court of Appeals. Watch for a new argument date in the hemp case once the new justices take office.

New bills. Bill filing opened November 9 and runs through March 12. Watch for any bill that writes a definition of hemp-derived THC into state law.

December 11. The federal change hits shipping, banks and card processors, and supplier contracts regardless of state law. Consider checking every product against both limits now.

What does this mean for Texas shoppers?

The election didn’t change what a Texas store can sell you, and you still have to be 21. The total THC rule that covers most THCa flower stays in effect while the appeal plays out, which isn’t expected to wrap up before January. Many stores pulled smokable products after the rules took effect, and that won’t reverse overnight.

Frequently Asked Questions

Did Texas legalize THC in the 2026 election?

No. Texas voters elected a governor and lieutenant governor who have criticized the state’s hemp rules, but no law changed on Election Day. Any change would come from the Legislature, which meets January 12, 2027, from DSHS, or from the courts.

Who won the Texas lieutenant governor race in 2026?

Vikki Goodwin defeated incumbent Dan Patrick by about six points in unofficial results. She takes office in January 2027.

Is THCa legal in Texas now?

DSHS rules that took effect March 31, 2026, count THCa toward the 0.3% total THC limit. Travis County judges blocked key parts of those rules this spring. In June, the 15th Court of Appeals refused to put that block back in place while the state’s appeal is pending. Starting December 11, federal law also counts THCa toward the THC limit for hemp.

When could Texas hemp rules change?

The Legislature’s regular session runs from January 12, 2027, into late May. The 15th Court of Appeals will reset arguments in the hemp case after its new justices take office in January.

Does the Texas election affect the federal hemp ban?

No. The federal changes on November 12 and December 11 apply nationwide and take effect before Texas’ new officials take office. Only Congress can delay or change them, and its next funding deadline is also December 11.

Texas hemp rules could move quickly in 2027 through new laws, new agency rules, and court rulings, while the federal change lands December 11. Hemp Law Group provides compliance oversight and legal defense from seed to sale under one monthly subscription. If you sell in Texas or ship products there, a free 15-minute call is a good place to sort out which rules apply to you.