Judge temporarily blocks Texas ban on smokable THC products
FILE - An activist smokes marijuana during the annual NYC Cannabis Parade & Rally.
AUSTIN, Texas - A Texas judge has temporarily blocked a statewide ban on smokable THC products after businesses across the state filed a lawsuit to that end. The reprieve from the anti-hemp mandate is set to last for at least two weeks.
The TRO was prompted by a lawsuit against state departments, which was in opposition to new rules that include all types of cannabinoids in the maximum threshold of 0.3% concentration in consumables. That move effectively banned all smokable products in Texas with the desired effects of THC.
Texas THC ban lifted
The latest:
Travis County District Judge Maya Guerra Gamble granted a temporary restraining order against the Texas Department of State Health Services and other entities Friday, on behalf of the Texas Hemp Business Council (THBC) and numerous others in the hemp industry. The TRO is effective through April 24.
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The order uses language regarding Gamble's decision that values the operations and wellbeing of the businesses filing the suit, as well as preserving "a stable and lawful regulatory framework." Gamble notes that THC users who suddenly lose access to legal, regulated products will likely turn to or return to the black market, where unregulated products could be much more dangerous.
Hemp industry weighs in
What they're saying:
"Today's ruling is an important step for Texas hemp businesses and consumers," said Brian Swensen, Executive Director of Hemp Industry & Farmers of America. "The court agreed these agencies overstepped their authority. This decision keeps the legal framework that thousands of Texas businesses were built on intact while the case moves forward."
"State agencies cannot rewrite the law the Legislature enacted," said Cynthia Cabrera, president of THBC. "We appreciate the Court’s prompt attention in preserving the status quo, and we remain committed to protecting Texas’ hemp businesses throughout this process."
What's next:
A hearing on the matter has been scheduled for April 23, the day before the TRO expires.
Read the order below:
Texas THC ban lawsuit
The backstory:
The coalition of business owners and advocacy groups, including the THBC, filed their 330-page lawsuit against the state entities earlier this week after the ban took effect April 1.
The lawsuit centers around two things: the definition and dollars. Plaintiffs allege that the state is overstepping its authority by unilaterally redefining the legal standard for hemp. They say some businesses make 90% of their profit from smokable products. They also say many businesses could not afford the steep new hike in licensing fees.
Take a look at the full lawsuit below:
What's the deal with THC in Texas?
Dig deeper:
Working backward in the history of smoking THC products in the Lone Star State, the move that caused this lawsuit and TRO was the broadening of "total THC" in regulating consumables. That term now encompasses delta 8 THC, THCA, and other derivatives or precursors of tetrahydrocannabinol, the active compound in marijuana.
Before that, anything other than delta 9 THC was allowed to be sold and used in the state. This was the result of the 2018 Farm Bill, a federal package that included sweeping liberties for hemp cultivation. Suddenly, states could issue licenses for farmers to grow hemp, closely related to cannabis, which was required to have less than 0.3% THC by dry weight.
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By not including other psychoactive cannabinoids in the bill's language, a multi-billion dollar industry soon saw a national rise. States with standing cannabis bans soon saw smoke shops selling cannabis-like products, and droves of new stores in Texas, Arkansas, and other anti-high states flooded the market, geared toward selling smokable products that give users the effects of cannabis without the legal implications.
Before that, "weed" of any kind was banned in Texas, and cannabis has been regulated as a Schedule 1 drug, alongside heroin, LSD and crack cocaine, since 1970.
The Source: Information in this article comes from a court document and previous FOX Local reporting.