A Travis County district judge has temporarily lifted a statewide ban on the sale of natural smokeable hemp products, such as flower buds and rolled joints, until at least April 23.
Judge Maya Guerra Gamble granted the Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers a temporary restraining order against new testing requirements that creates 0.3% total THC threshold, effectively eliminating smokeable products. Lawyers for the hemp industry argued that the agencies have overstepped their constitutional authority by rewriting the statutory definitions of hemp established by lawmakers in 2019.
The concept of the new total THC testing came from the federal government, which clarified the definition of hemp in November as containing a total THC concentration of less than 0.3% on a dry weight basis rather than only delta-9 THC, according to Zachary Berg, an attorney with the Texas Attorney General’s Office who represented Texas Department of State Health Services and the Texas Health and Human Services Commission on Friday. Berg added that the federal government’s new definition doesn’t go into effect until November, but the state wanted to be in compliance early with federal law.
Jason Snell, one of the attorneys for the hemp businesses, said that by trying to mirror a federal law that isn’t yet in effect, the state clearly overstepped its regulatory authority. He also submitted to the court over 300 pages of testimony from Texans about how these new rules and regulations are already shuttering businesses and killing off the industry.
“The wave is getting bigger,” Snell said. “We are asking you to put up a barrier.”
The hemp businesses also asked for a temporary injunction on other rules that increase licensing fees for retailers and manufacturers and prevent businesses from selling smokeable hemp out-of-state. Guerra Gamble also temporarily unblocked interstate sales, but she deferred the topic of licensing fees to the next hearing on April 23.
See here for the previous update. Not much to say about this now, it would have been more of a surprise had the plaintiffs failed to get a TRO. We’ll see about the rest of it on the 23rd, after which I expect the state to appeal unless they fully prevail. The Chron has more.