Public policy observationFederal hemp definition changes in 41 daysOct 2, 2026

Terracotta

Hemp + Cannabis Policy, With Sources and Gaps

Hemp & Cannabis Litigation

The cannabis and hemp court fights that decided what can be sold — from Hemp Industries v. DEA (2004) through challenges to state restrictions and the federal §781 redefinition. Curated landmark cases include summaries and recorded outcomes; related docket-feed filings show the available court metadata.

Landmark docket

20 cases
CaseCourtOutcomeFiled
Hemp Industry & Farmers of America v. Texas Department of State Health ServicesOpen source record Hemp retailers sued Texas DSHS over March 2026 rules redefining 'total THC' to include THCA, claiming unconstitutional separation of powers and agency overreach.W.D. Tex.
TX
Temporary injunction granted May 1, 2026 through July 27, 2026; trial set for late July 2026; industry-wide ban enjoined pending final rulingApr 8, 2026
Ohio Hemp Businesses v. Governor Mike DeWineOpen source record Hemp retailers challenged Gov. DeWine's October 2025 executive order banning intoxicating hemp products (delta-8, delta-10, hemp-derived delta-9).N.D. Ohio
OH
Preliminary injunction granted (July 13, 2026); ten businesses allowed to continue sales; court found SB 56 unconstitutionally excluded federally legal hemp productsOct 14, 2025
Mellow Fellow Fun et al. v. Governor Kay Ivey & Attorney General Steve MarshallOpen source record Hemp companies sued to block Alabama HB445 banning smokable hemp and high-potency gummies; claimed Farm Bill preemption and unconstitutionality.M.D. Ala.
AL
TRO/preliminary injunction DENIED June 30, 2025 — the ban was not blocked and took effect July 1, 2025; litigation continues.Jun 27, 2025
Tennessee Hemp Industry v. Tennessee Department of AgricultureOpen source record Hemp industry challenged Tennessee hemp product testing rule changes; judge enjoined rule as beyond agency authority under enabling legislation.Nashville Dist. Ct.
TN
Temporary injunction issued (Dec 30, 2024); industry settlement allowing pre-Dec 31, 2025 licensees to operate until June 30, 2026 under 2023 frameworkDec 30, 2024
Hemp Association of Louisiana & Cypress Hemp, LLC v. State of LouisianaOpen source record Hemp operators challenged Act 752's restrictions on hemp products including 5mg THC caps, inhalable delta-8 prohibition, and hemp flower ban.M.D. La.
LA
Pending (May 2026); no injunction issued; plaintiffs seeking declaratory relief and injunction; trial status unclearOct 18, 2024
U.S. Hemp Roundtable, Inc., et al. v. California Department of Public HealthOpen source record Hemp industry sued to block California's September 2024 emergency regulations banning products with 'detectable' THC amounts; challenged regulatory overreach.L.A. Cty. Super. Ct.
CA
Court denied TRO (Oct 10, 2024); emergency hemp regulations remained in effect; litigation pending as of August 2026Sep 24, 2024
Missouri Hemp Trade Association v. Missouri Department of Health and Senior ServicesOpen source record Hemp industry sued to prevent DHSS from embargoing hemp-derived THC edibles and beverages under Gov. Parson's Executive Order 24-10 banning 'unregulated psychoactive cannabis.'Cole Cty. Cir. Ct.
MO
Ongoing litigation; state shifted enforcement priorities and released embargoed products; ultimate outcome pending as of August 2026Aug 30, 2024
Hemp Industry Trade Association of Arizona v. Abe Mayes (AG)Open source record Arizona hemp retailers challenged Attorney General's assertion that delta-8 and other THC products may only be sold through licensed cannabis dispensaries, not hemp retailers.Ariz. Super. Ct.
AZ
State judge ruled Arizona law prohibits retail THC sales outside regulated dispensaries; hemp industry appealing; hemp-only retail sales of THC products barredMar 11, 2024
Lance Alyas v. State of Hawaii (Hemp Product Regulations)Open source record Dispensary owner sued Hawaii over harsh hemp product regulations restricting sales and potency; claimed Supremacy Clause, Dormant Commerce Clause, and Due Process violations.D. Haw.
HI
Pending (2026); no injunction issued; litigation ongoing regarding federal preemption of state hemp rulesJan 1, 2024
Northern Virginia Hemp and Agriculture LLC v. Commonwealth of VirginiaOpen source record Hemp retailers challenged Virginia SB 903 'total THC' standard; argued 2018 Farm Bill preemption and Dormant Commerce Clause violations.4th Cir.
VA
4th Circuit affirmed state authority (Jan 7, 2025); Virginia's total THC rules upheld; states may impose stricter hemp regulations than federal standardJan 1, 2024
Bio Gen LLC v. Sarah Huckabee SandersOpen source record Hemp businesses challenged Arkansas Act 629 banning delta-8 and related products; district court granted injunction finding Farm Bill preemption and vagueness violations.8th Cir.
AR
8th Circuit reversed (June 2025); dissolved injunction; upheld Arkansas's right to ban hemp-derived THC products; Act 629 delta-8 ban in full effectJan 1, 2023
AK Futures LLC v. Boyd Street Distro, LLCOpen source record Ninth Circuit held hemp-derived delta-8 THC falls within 2018 Farm Bill definition of legal hemp; manufacturer could pursue trademark infringement claims for counterfeit delta-8 vapes.9th Cir.
US
Plaintiffs won; delta-8 held federally legal under Farm Bill; remanded for further proceedings on trademark claimsMay 19, 2022
Texas Department of State Health Services v. Crown Distributing LLCOpen source record Texas Supreme Court reviewed trial court decision vacating state smokable hemp ban; held manufacturing smokable hemp is not protected liberty/property interest under Texas Constitution.Tex. Sup. Ct.
TX
State won; smokable hemp ban upheld; Texas can prohibit smokable hemp products despite 2018 Farm BillJan 1, 2022
Hemp Industries Association & RE Botanicals v. Drug Enforcement AdministrationOpen source record Industry groups challenged DEA's 2020 Interim Final Rule classifying hemp extract byproducts and synthetic cannabinoids (including delta-8) as Schedule I controlled substances.D.C. Cir.
US
DC Circuit dismissed on procedural grounds (lack of final agency action); 2020 DEA rule remains in effect; substantive delta-8 legality questions unresolved at appellate levelAug 1, 2020
Apothio LLC v. Kern County, et al.Open source record Hemp cultivator sued after Kern County bulldozed 500 acres of legally authorized hemp crops valued at $1 billion, claiming constitutional violations and excessive property destruction.E.D. Cal.
CA
Ongoing litigation; federal judge allowed Fourth Amendment excessive destruction claim to proceed (2024) but dismissed due process claimsApr 1, 2020
Snyder v. Green Roads of Florida LLCOpen source record Class action CBD false advertising suit; federal court stayed litigation on primary jurisdiction grounds pending FDA rulemaking on CBD products.S.D. Fla.
FL
Case stayed; federal rulemaking process on CBD ongoing; plaintiffs precluded from relief until FDA issues guidanceJan 3, 2020
C.Y. Wholesale, Inc., et al. v. Holcomb, et al.Open source record Hemp companies sued Indiana to block state ban on smokable hemp products under SEA 516; district court granted preliminary injunction.7th Cir.
IN
7th Circuit reversed (July 2020); state may ban smokable hemp despite Farm Bill; injunction vacated; Indiana smokable hemp ban upheldSep 1, 2019
Grassy Run Farms & Commonwealth Alternative Medical Options v. United StatesOpen source record Hemp farm owners dismissed of federal charges for purchasing hemp seeds from Kentucky without DEA license; court held hemp is not controlled substance under 2018 Farm Bill.S.D. W.Va.
WV
Defendants won; charges dismissed; landmark ruling affirming hemp's non-controlled status and interstate transport rights under 2018 Farm BillMar 6, 2019
Big Sky Scientific LLC v. Idaho State PoliceOpen source record Hemp company challenged Idaho's seizure of 6,700+ pounds of federally lawful hemp during interstate transport from Oregon to Colorado, claiming 2018 Farm Bill preemption.9th Cir.
ID
9th Cir. abstained (Sept 2019); Idaho state court upheld seizure (Jan 2020); state authority to seize upheld despite federal hemp legalityJan 1, 2019
Hemp Industries Association v. Drug Enforcement AdministrationOpen source record Ninth Circuit held DEA lacked authority to regulate naturally-occurring hemp with low THC content as Schedule I. Court permanently enjoined DEA enforcement of hemp product bans.9th Cir.
US
Plaintiffs won; injunction issued; non-psychoactive hemp protected from Schedule I classificationFeb 6, 2004

Related recent filings

12 cases
CaseCourtFiled
Matter of Super Smoke N Save LLC v. New York State Cannabis Control Bd.Open source record Appellate Division of the Supreme Court of the State of New York
NY
Jun 11, 2026
Smart Approaches to Marijuana v. KennedyOpen source record District Court, District of Columbia
DC
May 22, 2026
Wholly Hemp, Inc. v. Zachary StephensonOpen source record District Court of Appeal of Florida
FL
Nov 10, 2025
Moore v. Md. Hemp CoalitionOpen source record Court of Special Appeals of Maryland
MD
Sep 9, 2025
Justyna Jensen v. Maryland Cannabis AdministrationOpen source record Court of Appeals for the Fourth Circuit
MD
Sep 2, 2025
Super Smoke N Save LLC v. New York State Cannabis Control Bd.Open source record New York Supreme Court, Albany County
NY
Jan 13, 2025
Texas Department of State Health Services John Hellerstedt, in His Official Capacity as Commissioner of the Texas Dshs v. Crown Distributing LLC America Juice Co., LLC Custom Botanical Dispensary, LLC 1937 Apothecary, LlcOpen source record Texas Supreme Court
TX
Jun 24, 2022
Texas Department of State Health Services and John Hellerstedt, in His Official Capacity as Commissioner of the Texas Department of State Health Services v. Crown Distributing LLC America Juice Co. LLC Custom Botanical Dispensary, LLC And 1937 Apothecary, LLCOpen source record Texas Court of Appeals, 3rd District (Austin)
TX
Aug 5, 2021
Utopia Gardens LLC v. Marijuana Regulatory AgencyOpen source record Michigan Court of Appeals
MI
May 6, 2021
Hemp Industries Association v. United States Drug Enforcement AdministrationOpen source record District Court, District of Columbia
DC
May 3, 2021
IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC. (NEW JERSEY DEPARTMENT OF HEALTH) (CONSOLIDATED)Open source record New Jersey Superior Court Appellate Division
NJ
Nov 25, 2020
Horn v. Med. Marijuana, Inc.Open source record District Court, W.D. New York
NY
Apr 17, 2019