A federal judge has ruled against an emergency motion that sought to halt Texas' ban on most hemp-derived THC products, allowing the prohibition to remain while a lawsuit is underway. U.S. District Judge Jeffrey Brown of Galveston 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 in late July, prohibits various 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 remain legal. This naturally occurring compound is the most commonly sold THC product in Texas and is defined by the 2018 federal farm bill.
Possession of the banned products is classified as a Schedule I drug, potentially leading to severe penalties. Cannabis experts estimate that if the ban is upheld, over half of the THC products currently available in stores could be removed.
The lawsuit, initiated by three members of the hemp industry, argues that the state's definitions blur the line between legal hemp and illegal marijuana, violating protections established by the farm bill. Lead counsel Andrea Steel stated that the denial of the temporary restraining order does not resolve the case, emphasizing that the fight is expected to be challenging.
