A federal judge has ruled against an emergency request to halt Texas' ban on most hemp-derived THC products, allowing the prohibition to remain in effect while a lawsuit is ongoing. U.S. District Judge Jeffrey Brown determined that the plaintiffs, which include two hemp retailers and a distributor, failed to demonstrate sufficient irreparable harm to interstate commerce.
The ban, imposed at the end of July, targets synthetic THC varieties 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. Delta-9 is a naturally occurring compound in cannabis and is the most commonly sold THC product in Texas.
The banned products are now categorized as Schedule I substances. Cannabis experts indicate that possession of these items could result in significant legal penalties, including state jail felony charges and fines up to $10,000. If the ban remains in place, it is estimated that over half of the THC products currently available in stores could be removed.
The lawsuit, filed last week, challenges the legality of the ban based on the 2018 federal farm bill, which removed hemp from the Controlled Substances Act. Lead counsel Andrea Steel stated that the denial of the temporary restraining order does not conclude the case, emphasizing the complexity of the legal battle ahead.
