A federal judge has declined to issue a temporary restraining order against Texas' ban on most hemp-derived THC products, allowing the ban to remain in effect while a lawsuit progresses. U.S. District Judge Jeffrey Brown determined 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 synthetically created THC forms such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products containing less than 0.3% THC by dry weight remain legal. This distinction is significant, as delta-9 is naturally occurring in cannabis and is the most commonly sold THC product in the state.
The lawsuit, which names the Texas Department of State Health Services and Attorney General Ken Paxton among the defendants, argues that the state's definitions blur the line between lawful hemp and unlawful marijuana, violating the protections established by the 2018 federal farm bill.
Andrea Steel, lead counsel for the hemp industry, stated that the denial of the emergency motion does not conclude the case and expressed confidence in their legal position. The court is still considering a request for a preliminary injunction, which would allow for further examination of the issues involved.
