A federal judge has ruled against blocking Texas' ban on most hemp-derived THC products, allowing the law to remain effective as a lawsuit unfolds. U.S. District Judge Jeffrey Brown denied 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, implemented at the end of July, prohibits various synthetic THC forms, such as delta-8, delta-10, THCP, and THCA flower. However, products classified as delta-9 that contain less than 0.3% THC by dry weight are still permitted. Delta-9 is naturally found in cannabis and is the most widely sold THC product in Texas.
The banned products are now classified as Schedule I drugs, with possession potentially resulting in severe penalties, including state jail felony charges and fines up to $10,000. Experts estimate that if the ban remains, over half of the THC products currently available in stores could be removed.
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, contradicting protections established by the 2018 federal farm bill.
