Texas Court Temporarily Lifts Smokeable Hemp Ban Pending Appeal
The Texas 15th Court of Appeals has granted a temporary reprieve to the state's smokeable hemp industry, allowing sales to continue until May 14. This decision follows a chaotic week of legal maneuvers where a statewide ban was briefly reinstated before being paused again pending an appeal hearing scheduled for mid-May. The controversy stems from new regulations by the Texas Department of State Health Services, which imposed strict THC thresholds and increased licensing fees, effectively banning natural smokeable hemp products. Industry lawyers argued that the health agency overstepped its constitutional authority by rewriting statutory definitions established by the legislature in 2019. Travis County Judge Daniella DeSeta Lyttle previously ruled in favor of the industry, citing irreparable harm and separation of powers concerns. While this injunction provides short-term relief for approximately 30,000 employees and businesses, the legal battle continues. Concurrently, the Texas Supreme Court upheld a separate ban on delta-8 THC, potentially strengthening the state's argument for broader regulatory authority over hemp products. The outcome of the upcoming appeal will determine the immediate future of the smokeable hemp market in Texas.
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Texas Court Temporarily Lifts Smokeable Hemp Ban Pending Appeal
The Texas 15th Court of Appeals has granted a temporary reprieve to the state's smokeable hemp industry, allowing sales to continue until May 14. This decision follows a chaotic week of legal maneuvers where a statewide ban was briefly reinstated before being paused again pending an appeal hearing scheduled for mid-May. The controversy stems from new regulations by the Texas Department of State Health Services, which imposed strict THC thresholds and increased licensing fees, effectively banning natural smokeable hemp products. Industry lawyers argued that the health agency overstepped its constitutional authority by rewriting statutory definitions established by the legislature in 2019. Travis County Judge Daniella DeSeta Lyttle previously ruled in favor of the industry, citing irreparable harm and separation of powers concerns. While this injunction provides short-term relief for approximately 30,000 employees and businesses, the legal battle continues. Concurrently, the Texas Supreme Court upheld a separate ban on delta-8 THC, potentially strengthening the state's argument for broader regulatory authority over hemp products. The outcome of the upcoming appeal will determine the immediate future of the smokeable hemp market in Texas.
The Texas Tribune