Judge Rules To Temporarily Block Texas’ Smokeable Hemp Ban
The concept of the new total THC testing came from the federal government
A Travis County district judge has temporarily lifted a statewide ban on the sale of natural smokeable hemp products, such as flower buds and rolled joints, until at least April 23.
Judge Maya Guerra Gamble granted the Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers a temporary restraining order against new testing requirements that creates 0.3% total THC threshold, effectively eliminating smokeable products. Lawyers for the hemp industry argued that the agencies have overstepped their constitutional authority by rewriting the statutory definitions of hemp established by lawmakers in 2019.
The concept of the new total THC testing came from the federal government, which clarified the definition of hemp in November as containing a total THC concentration of less than 0.3% on a dry weight basis rather than only delta-9 THC, according to Zachary Berg, an attorney with the Texas Attorney General’s Office who represented Texas Department of State Health Services and the Texas Health and Human Services Commission on Friday. Berg added that the federal government’s new definition doesn’t go into effect until November, but the state wanted to be in compliance early with federal law.
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