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 is ongoing. U.S. District Judge Jeffrey Brown of Galveston determined that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate irreparable harm to interstate commerce.
The ban, implemented at the end of July, prohibits synthetic THC forms such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products containing less than 0.3% THC remain legal, as they are defined by the 2018 federal farm bill. Cannabis experts estimate that if the ban is upheld, over half of the THC products currently available in stores could be removed.
The lawsuit was filed against the Texas Department of State Health Services, Attorney General Ken Paxton, and local law enforcement. The plaintiffs argue that the state's definitions blur the lines between legal hemp and illegal marijuana, violating protections established by the farm bill.
Andrea Steel, lead counsel for the hemp industry, noted that the denial of the temporary restraining order does not conclude the case. She highlighted that the state claimed there is no immediate threat of enforcement, raising questions about the rationale behind the ban.
