Texas Court Upholds Smokable Hemp Ban Enforcement Amid Lawsuits
- A Texas appeals court ruled that officials can enforce the state’s ban on smokable hemp products despite ongoing legal challenges.
- The ban redefines THC to include THCA, affecting popular hemp products like pre-rolls and concentrates by considering them illegal when burned.
- The regulations significantly increased hemp retailer license fees from $150 to $5,000 per location and manufacturer fees from $250 to $10,000 annually.
- The ruling lifted a lower court’s emergency injunction protecting the hemp industry, with a trial currently scheduled for July 27.
A Texas appeals court ruled last week that officials can enforce the state’s ban on smokable hemp products amid ongoing legal challenges, KUT News reports.
The Fifteenth Court of Appeals’ decision follows weeks of back-and-forth rulings on the ban, which was originally scheduled to take effect on March 31.
The ban extends the legal definition of THC to cover THCA, which converts to delta-9 THC when it is decarboxylated, or burned. Those products include most hemp flower pre-rolls and concentrates, which are two of the most popular hemp products in Texas. The new regulations also hike the cost of hemp retailer licenses from $150 per year to $5,000 per location, and manufacturer license fees increased from $250 per year to $10,000.
Friday’s ruling rescinds an emergency injunction ordered by a lower court on behalf of hemp industry representatives as they await trial, which was set tentatively for July 27.
The plaintiffs claim the rules are an “unconstitutional occupation tax” that would dismantle the Texas hemp industry.