A federal judge has decided not to intervene in Texas' ban on most hemp-derived THC products, allowing the prohibition to remain while a lawsuit unfolds. U.S. District Judge Jeffrey Brown, based in Galveston, rejected an emergency request for a temporary restraining order, stating that the plaintiffs did not adequately demonstrate that interstate commerce would suffer irreparable harm.
The ban, enacted in late July, targets synthetic THC variants such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products with less than 0.3% THC by dry weight remain legal, as they are defined under the 2018 federal farm bill. This delta-9 product is the most widely available THC option in Texas.
The lawsuit was initiated by three members of the hemp sector against the Texas Department of State Health Services, the state's Attorney General, and local law enforcement officials. They argue that the state's definitions blur the lines between legal hemp and illegal marijuana, infringe upon protections established by the farm bill, and impose an unconstitutional burden on interstate commerce.
Lead counsel Andrea Steel noted that the denial of the emergency motion does not resolve the case, expressing confidence in their legal position despite the challenging standards for such requests.
