A federal judge has ruled against an emergency request to suspend Texas' ban on most hemp-derived THC products, allowing the prohibition to remain in place while a lawsuit is ongoing. U.S. District Judge Jeffrey Brown denied the 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, enacted at the end of July, prohibits various synthetic THC products, 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, as these are naturally occurring in cannabis and are defined as hemp under the 2018 federal farm bill.
The lawsuit, filed against the Texas Department of State Health Services, Attorney General Ken Paxton, and the Galveston County criminal district attorney and sheriff, argues that the state's definitions blur the line between legal hemp and illegal marijuana. Lead counsel Andrea Steel emphasized that the denial of the restraining order does not determine the outcome of the case and expressed confidence in their legal position.
Steel noted that the state indicated there is no immediate threat of enforcement, raising questions about the rationale behind the ban's implementation.
