A federal judge has declined to block Texas' ban on most hemp-derived THC products, rejecting an emergency request to halt the prohibition while a lawsuit is underway. U.S. District Judge Jeffrey Brown of Galveston determined that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate that the ban would cause irreparable harm to interstate commerce.
The ban, enacted at the end of July, prohibits synthetically produced forms of THC, such as delta-8, delta-10, THCP, and THCA flower. However, products with delta-9 that contain less than 0.3% THC by dry weight remain legal. This delta-9 form is naturally occurring in cannabis and is the most commonly sold THC product in the state.
The banned products are now classified as Schedule I drugs, with potential penalties for possession including state jail felony charges, which can lead to 180 days to two years in prison and fines reaching $10,000, according to cannabis experts. It is estimated that over half of the THC products currently available in stores could be removed if the ban is upheld.
The lawsuit, filed last week, targets the Texas Department of State Health Services and other state officials. The plaintiffs argue that the state’s definitions blur the lines between legal hemp and illegal marijuana, contradicting protections established by the 2018 farm bill.
