Texas Lawsuit Claims Hemp THC Ban Violates Commerce Rules

Three Texas hemp operators claim in a new lawsuit that the state is violating commerce protection laws after officials enacted a statewide crackdown last week on most hemp-derived THC products, the Texas Tribune reports.

The plaintiffs filed their federal suit against the Texas Department of State Health Services, state Attorney General Ken Paxton (R), and the criminal district attorney and sheriff for Galveston County, claiming that officials lack the authority to ban previously permitted hemp products without first amending state law.

The ban targets all hemp-derived THC products except those that contain delta-9 THC, which is allowed only in products with a dry weight THC content of less than 0.3%. The ban has disrupted the sale of many popular hemp products since taking effect on July 31, particularly those containing delta-8 and delta-10 THC.

The plaintiffs’ lead counsel, Andrea Steel, said in the report that the multibillion-dollar Texas hemp industry was built “under laws that define these products as legal hemp” — but now, “Without any change to those laws, the State now says they’re Schedule I drugs, like heroin.”

“Our Constitution does not allow the government to jail a person under a framework no one can make sense of – our clients are asking the federal court to protect Texans from their own confused government.” — Steel, via the Tribune

Last week’s ban on synthetically produced hemp cannabinoids is the latest effort by Texas officials to impair the state’s hemp industry after implementing a ban on smokable hemp products earlier this year.