A federal judge has ruled against an emergency request to halt Texas' ban on most hemp-derived THC products, maintaining the ban while a lawsuit is ongoing. U.S. District Judge Jeffrey Brown of Galveston determined that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate irreparable harm to interstate commerce.
The ban, enacted in late July, prohibits synthetic forms of THC, such as delta-8, delta-10, THCP, and THCA flower. However, products with delta-9 THC that contain less than 0.3% THC by dry weight remain legal. This delta-9 product is naturally found in cannabis and is the most commonly sold THC item in the state.
Under the new classification, the prohibited products are categorized as Schedule I drugs. Possession may result in severe penalties, including state jail felony charges, which could lead to imprisonment and substantial fines.
The lawsuit, filed last week, names the Texas Department of State Health Services and other state officials as defendants. The plaintiffs argue that the state’s definitions blur the lines between legal hemp and illegal marijuana and violate the protections established by the federal farm bill.
