Texas Judge Pauses New Rules Banning Hemp Products Like Smokable THCA Flower Amid Legal Challenge From Industry

Marijuana Moment

A Texas judge has issued a temporary restraining order preventing the enforcement of new state rules restricting access to hemp-derived products such as smokable THCA flower.

The ruling on Friday comes in a lawsuit brought by a coalition of hemp industry leaders and advocacy organizations that claim the Department of State Health Services (DSHS) and the Health and Human Services Commission (HHSC) illegally bypassed lawmakers to effectively ban the sale and manufacture of certain consumable hemp products.

The order from District Court of Travis County Judge Guerra Gamble pauses the new hemp product restrictions for 14 days while the broader legal dispute is considered.

“This lawsuit is really based on a constitutional separation powers issue,” Jason Snell, an attorney for the plaintiffs, including the Texas Hemp Business Council (THBC) and Hemp Industry & Farmers of America (HIFA), said during a hearing on Friday, characterizing the new restrictions enacted by regulators as “illegal rules.”

“Here we are today, with the regulators attempting to do what the legislators could not and did not do, and that’s illegal,” he said. “What the legislature refuses to enact cannot be imposed through rulemaking. The rule-makers cannot overstep their authority and enact rules that are more restrictive than what the legislators have enacted.”