A federal judge has ruled against an emergency motion aimed at halting Texas' ban on most hemp-derived THC products, allowing the ban to remain while legal proceedings move forward. U.S. District Judge Jeffrey Brown found that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate that the ban would cause irreparable harm to interstate commerce.
The ban, enacted at the end of July, prohibits synthetic forms of THC, such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products with less than 0.3% THC by dry weight are still permitted. This delta-9 product is the most commonly sold THC item in Texas and is defined under the 2018 federal farm bill.
The banned products are now classified as Schedule I drugs, which could result in severe penalties, including state jail felony charges and potential fines. Experts estimate that if the ban remains in place, over half of the THC products currently available in stores may need to be removed.
The lawsuit, filed against the Texas Department of State Health Services, Attorney General Ken Paxton, and local law enforcement, argues that the state’s definitions blur the lines between legal hemp and illegal marijuana, violating protections established by the federal farm bill.
