A federal judge has ruled against an emergency motion to halt Texas' ban on most hemp-derived THC products, allowing the ban to remain in effect as a lawsuit progresses. U.S. District Judge Jeffrey Brown, based in Galveston, determined that the plaintiffs—a group of hemp retailers and a distributor—did not adequately demonstrate that the ban would cause irreparable harm to interstate commerce.
The ban, which was enacted in late July, prohibits synthetic THC variants. This includes products such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products with less than 0.3% THC by dry weight remain legal, as they naturally occur in cannabis and are defined as hemp under the 2018 federal farm bill.
The banned products are now classified as Schedule I drugs, with potential penalties including state jail felony charges, which could lead to imprisonment for 180 days to two years and fines up to $10,000. Cannabis experts suggest that if the ban is upheld, a significant portion of THC products available in stores may need to be removed.
The lawsuit, filed by three members of the hemp industry, challenges the legality of the ban, arguing that it conflicts with the protections offered by the 2018 farm bill. Lead counsel Andrea Steel stated that the denial of the temporary restraining order does not resolve the case, emphasizing the tough standards for such emergency relief.
Steel also noted that the state's position indicates no immediate threat of enforcement, raising questions about the rationale behind the ban's implementation.
