A federal judge has ruled against an emergency request to halt Texas' ban on most hemp-derived THC products, allowing the prohibition to remain in effect as a lawsuit progresses. U.S. District Judge Jeffrey Brown of Galveston denied the 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, which was enacted at the end of July, prohibits various synthetic THC products, such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products containing less than 0.3% THC by dry weight remain legal, as they are defined by the 2018 federal farm bill. This product is the most commonly sold THC variant in Texas.
The lawsuit was filed against the Texas Department of State Health Services, Attorney General Ken Paxton, and local law enforcement officials. The plaintiffs argue that the state’s definitions blur the lines between legal hemp and illegal marijuana, contradicting protections established by the farm bill for the interstate hemp market.
Andrea Steel, the lead attorney for the plaintiffs, noted that the denial of the restraining order does not conclude their case, emphasizing the challenging nature of the legal standard for such emergency relief.