A Texas judge has issued a temporary injunction that continues to prevent state officials from enforcing new rules restricting access to hemp-derived products such as smokable THCA flower. Meanwhile, the state Supreme Court in a separate case is allowing regulators to ban delta-8 THC.
Judge Daniella DeSeta Lyttle’s ruling on Friday follows one from another judge last month who issued a temporary restraining order on the hemp product ban. Under the latest order, broad hemp product sales can continue until at least July 27.
The decisions come amid a lawsuit brought by a coalition of hemp industry leaders and advocacy organizations that claim the Department of State Health Services (DSHS) and the Health and Human Services Commission (HHSC) illegally bypassed lawmakers to effectively ban the sale and manufacture of certain consumable hemp products.
Under state law as approved by the legislature and governor in 2019, the suit says, cannabis products are legal if they contain a delta-9 THC concentration of not more than 0.3 percent. But regulators at DSHS and HHSC recently adopted a “total delta-9 THC” limit using a post-decarboxylation formula that includes tetrahydrocannabinolic acid (THCA) in the calculation.
Texas lawmakers did pass legislation to severely restrict hemp products in
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