A federal judge has declined to block Texas' ban on most hemp-derived THC products, allowing the prohibition to remain in place as a lawsuit progresses. 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, which was enacted at the end of July, targets synthetically created THC variants such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products with less than 0.3% THC by dry weight are still permitted. This threshold aligns with the definition of hemp established by the 2018 federal farm bill.
The banned products are now classified as Schedule I drugs, with possession potentially resulting in severe penalties, including state jail felony charges. Cannabis experts estimate that over half of the THC products currently available in stores could be affected if the ban remains.
The lawsuit was initiated by three members of the hemp industry against the Texas Department of State Health Services and other state officials. They argue that the state’s definitions blur the lines between legal hemp and illegal marijuana, violating the protections outlined in the 2018 farm bill.
