A federal judge has decided not to intervene in Texas' prohibition of most hemp-derived THC products, allowing the ban to remain while a lawsuit is underway. U.S. District Judge Jeffrey Brown of Galveston rejected an emergency motion for a temporary restraining order, stating that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate irreparable harm to interstate commerce.
The ban, enacted at the end of July, prohibits synthetic THC products, including delta-8, delta-10, THCP, and THCA flower. However, products with delta-9 THC that contain less than 0.3% by dry weight are still permitted. These delta-9 products, which occur naturally in cannabis, are not typically synthetically produced and are defined under the 2018 federal farm bill.
Possession of the banned products is classified as a Schedule I drug, potentially resulting in severe penalties, including state jail felony charges and fines. Cannabis experts estimate that if the ban remains, over half of the THC products currently available in stores could be removed.
The lawsuit was filed last week against the Texas Department of State Health Services, Attorney General Ken Paxton, and local law enforcement officials. The plaintiffs argue that the state's definitions blur the lines between legal hemp and illegal marijuana, infringing on protections established by the 2018 farm bill.
Lead counsel Andrea Steel noted that the denial of the temporary restraining order does not conclude the case, expressing confidence in their legal position.
