A federal judge has ruled against blocking Texas' ban on most hemp-derived THC products, maintaining the ban while a lawsuit is ongoing. U.S. District Judge Jeffrey Brown denied an emergency motion for a temporary restraining order, stating that the plaintiffs had not demonstrated sufficient irreparable harm to interstate commerce.
The ban, implemented at the end of July, prohibits synthetically created THC forms, 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 this is defined under the 2018 federal farm bill.
Possession of the banned products is classified as a Schedule I drug, which can result in severe penalties. Cannabis experts estimate that over half of the THC products currently available could be removed from shelves if the ban is upheld.
The lawsuit was filed by three members of the hemp industry against the Texas Department of State Health Services and other state officials. They argue that the state's definitions blur the line between legal hemp and illegal marijuana, violating the protections of the 2018 farm bill.
