A federal judge has ruled against an emergency motion to block Texas' ban on most hemp-derived THC products, allowing the ban to remain in effect while a lawsuit against it continues. U.S. District Judge Jeffrey Brown of Galveston determined that the plaintiffs, which include two hemp retailers and a distributor, failed to demonstrate sufficient irreparable harm to interstate commerce.
The ban, which was enacted at the end of July, prohibits several synthetic THC forms, including delta-8 and delta-10, while delta-9 products with less than 0.3% THC by dry weight remain legal. The banned products are classified as Schedule I drugs, which could result in significant consequences for possession, including felony charges and substantial fines.
The lawsuit was filed against the Texas Department of State Health Services and other state officials, arguing that the new definitions blur the lines between legal hemp and illegal marijuana, violating the protections established by the 2018 federal farm bill.
Andrea Steel, lead counsel for the plaintiffs, noted that the denial of the temporary restraining order does not resolve the case, emphasizing the complexity of the legal battle ahead. She raised concerns about the implications of the ban on Texas' role in national hemp commerce, particularly given its strategic location along key freight routes.
