A federal judge has ruled against an emergency request to suspend Texas' prohibition on most hemp-derived THC products, allowing the ban to remain while a lawsuit is underway.
U.S. District Judge Jeffrey Brown of Galveston denied the motion for a temporary restraining order, stating that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate that their businesses would suffer irreparable harm to interstate commerce.
The ban, enacted at the end of July, targets synthetic THC variants such as delta-8, delta-10, THCP, and THCA flower. However, products containing delta-9 with less than 0.3% THC by dry weight remain legal. Delta-9 is naturally found in cannabis and is the most widely sold THC product in Texas, as defined by the 2018 federal farm bill.
Possession of the banned substances is classified as a Schedule I drug, which can lead to serious legal consequences, including state jail felony charges. Cannabis experts estimate that more than half of the THC products available in stores could be impacted if the ban is upheld.
The lawsuit against the Texas Department of State Health Services, Attorney General Ken Paxton, and local law enforcement argues that the state's definitions blur the line between legal hemp and illegal marijuana, violating protections established by the farm bill.
