A Texas judge extended a temporary injunction on the state health department’s ban on smokable hemp, which went into effect this year after Texas Gov. Greg Abbot vetoed a ban passed last year by the state legislature. File Photo by Paul Brinkmann/UPI
May 2 (UPI) — A Texas judge on Friday temporarily paused the state’s ban on smokable hemp products, such as flower and joints, after three industry groups and multiple companies based in the state sued over it.
The state in March expanded its limit on THC in hemp products from 0.3% levels of Delta-9 THC to cover any form of THC beyond the state’s previous limit of 0.3% total THC in dry weight of the intoxicating group of chemicals.
This variety of chemicals includes Delta-8, various forms of Delta-9, and all other cannabinoids, with the exception of CBD and CBG.
The rule adopted by the state’s health department effectively banned all smokable forms of hemp because vapes and e-cigarettes that contain any form of cannabinoid were banned in Texas last September, the Texas State Law Library reported.
Since the federal government fully legalized hemp with low levels of Delta-9 THC, companies have produced hemp with boosted levels of other cannabinoids, including THCA, a non-psychoactive chemical that converts to Delta-9 THC when heated.
The groups that used the state contend that the health department overstepped their constitutional authority and that the new rules have done irreparable harm to the Texas hemp industry, CBS Austin reported.
“We are obviously excited about this ruling,” said Jason Snell, one of the attorneys that represents the industry groups and companies, KUT News reported.
“[The judge] issued a statewide injunction which prohibits what we believe are illegal rules from going into effect, which would cripple the hemp industry statewide and deprive consumers and every day Texans from access to legal products,” Snell said.
The Texas legislature last May passed a bill that would have effectively banned all of the products, but Texas Gov. Greg Abbot vetoed, which led the health department attempting to ban the products itself.
A previous temporary restraining order on the rule was set to expire Friday afternoon at 5 p.m., but the ruling — which covers all consumable hemp products — will now allow the industry to keep doing business.
President Donald Trump signs a series of executive orders in the Oval Office of the White House on Thursday. Trump signed an order to expand workers’ access to retirement accounts. Trump also signed legislation ending a 75-day partial shutdown of the Department of Homeland Security after the House voted in favor of funding. Photo by Aaron Schwartz/UPI | License Photo
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