Texas Supreme Court Upholds Ban On Making Smokable Hemp Products

The prohibition on smokable hemp continues in the Lone Star State

Texas’ ban on manufacturing smokable hemp products is in accord with its long history of regulating cannabis, the state Supreme Court ruled Friday, so there is no vested right to this business endeavor under the Texas Constitution.

The history of hemp in America goes back to the Founding Fathers. George Washington grew large crops of it at his farms in Mount Vernon, Virginia, and used its fibers to repair his fishing nets.

Colonists made rope, clothing, ship sails and numerous other goods from it.

But in the 20th century, the federal government and U.S. states, cracking down on the growing popularity of ingesting marijuana – the flowers of hemp plants that contain the intoxicating compound THC – passed statutes barring use of marijuana.

Both marijuana and hemp derive from the cannabis plant. The 20th century laws differentiated the two, defining hemp as the plant’s mature stalks and exempting it from prohibition.

But President Richard Nixon’s signing of the Controlled Substances Act in 1970 effectively banned hemp production because it prohibited substances containing any THC, whether considered marijuana or hemp.

Hemp came full circle in 2018 with Congress’ passage of the Agricultural Improvement Act, also called the Farm Bill.

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