A federal judge has ruled against an emergency motion to block Texas' ban on most hemp-derived THC products, keeping the ban active as a lawsuit unfolds. U.S. District Judge Jeffrey Brown of Galveston determined that the plaintiffs, which include two hemp retailers and a distributor, did not adequately demonstrate irreparable harm to interstate commerce.
The ban, implemented at the end of July, prohibits synthetic THC products such as delta-8, delta-10, THCP, and THCA flower. However, delta-9 products containing less than 0.3% THC by dry weight remain legal, as they are defined by the 2018 federal farm bill.
Possession of the banned products is now classified as a Schedule I drug, which could result in severe penalties, including a state jail felony charge, with potential prison time of 180 days to two years and fines up to $10,000. Experts estimate that more than half of the THC products currently available in stores could be affected if the ban is upheld.
The lawsuit challenges the ban's legality, arguing it conflicts with the 2018 farm bill and imposes an unconstitutional burden on interstate commerce. Lead counsel Andrea Steel noted that the denial of the temporary restraining order does not conclude the case, expressing confidence in their legal position despite the setback.