A federal judge has decided not to intervene in Texas' ban on most hemp-derived THC products, allowing the prohibition to remain in effect while a lawsuit is underway. U.S. District Judge Jeffrey Brown of Galveston denied an emergency motion for a temporary restraining order, stating 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, targets synthetic THC variants such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products with less than 0.3% THC by dry weight remain legal, as they are defined under the 2018 federal farm bill. Cannabis experts have noted that if the ban persists, over half of the THC products currently available could be removed from shelves.
The lawsuit, filed against the Texas Department of State Health Services and other state officials, argues that the state’s definitions blur the line between lawful hemp and illegal marijuana, violating the protections established by the farm bill. Lead counsel for the hemp industry, Andrea Steel, emphasized that the denial of the restraining order does not resolve the case, and expressed confidence in their legal position.
Steel also pointed out that the state indicated there is no immediate threat of enforcement, raising questions about the rationale behind the ban's implementation.
