Smokable Hemp Sales Extended In Texas Following Trial Delays

Texas retailers carrying hemp flower and pre-rolls can continue selling the products until at least April 28 following delays to the next trial in a lawsuit challenging the state’s ban on smokable hemp products, Texas Public Radio reports.

Filed early this month by the Texas Hemp Business Council, Hemp Industry & Farmers of America, and multiple hemp industry operators including retailers, manufacturers, and farmers, the lawsuit argues that the state’s ban on smokable hemp products is unconstitutional because it was established by the Department of State Health Services (DSHS), an administrative agency, rather than by the Legislature.

The ban was unveiled in early March and took effect on March 31, although a Travis County judge ordered a temporary injunction against the ban until the related lawsuit and trials are resolved. The ban mirrors incoming federal language that includes THCA when calculating total THC content — while THCA is itself non-intoxicating, the decarboxylation process (which occurs when the hemp is heated or burned) converts to cannabinoid to delta-9 THC, which is the form of THC most commonly associated with cannabis.

The lawsuit aims only to block the language banning smokable hemp products and does not seek to overturn new product packaging and testing requirements set by the DSHS, or steep hikes to the hemp industry’s licensing costs.

Last year, Texas lawmakers passed legislation to ban intoxicating hemp products in the state outright. However, following pressure from the industry and thousands of consumers, Gov. Greg Abbott (R) ultimately vetoed the proposal and asked lawmakers to instead adopt legislation to regulate the products. When lawmakers failed to act, the governor issued an executive order last September tasking state agencies with creating rules and regulations for a Texas hemp industry.