A federal judge has ruled against an emergency motion to halt Texas' ban on most hemp-derived THC products, allowing the ban to remain in effect while a lawsuit proceeds. U.S. District Judge Jeffrey Brown of Galveston found that the plaintiffs, which include two hemp retailers and a distributor, did not demonstrate sufficient irreparable harm to interstate commerce.
The ban, implemented in late July, prohibits synthetic THC products such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products with less than 0.3% THC remain legal. Cannabis experts indicate that if the ban is upheld, over half of the THC products currently available in stores may be removed.
The lawsuit, filed last week, names the Texas Department of State Health Services, Attorney General Ken Paxton, and local law enforcement as defendants. The plaintiffs argue that the state’s definitions blur the lines between legal hemp and illegal marijuana, contradicting protections established by the 2018 federal farm bill.
Lead counsel Andrea Steel stated that the denial of the temporary restraining order does not resolve the case and emphasized the significance of Texas' role in national freight routes for hemp shipments.
