Texas Court Says No to Delta-8 Ban

September 30, 2023 · Green Market Report

A Texas appeals court upheld a temporary injunction against a state ban on delta-8 THC on Thursday, a win for a coalition of businesses and consumers contesting the ban’s legitimacy.

The block had been initially issued in response to an enforcement move by the Texas Department of State Health Services and its commissioner. Officials had declared via an update to a consumable hemp program webpage that products exceeding 0.3% of delta-9 THC as legal, but all other THC types, including any concentration of delta-8, were illegal Schedule I controlled substances.

In a lawsuit, CBD retailer Hometown Hero, Create A Cig Temple vape store, and consumers Darrell Suriff and David Walden alleged the department didn’t adhere to the Texas Health & Safety Code and the Administrative Procedure Act’s rulemaking criteria.

The three-member Third Court of Appeals panel confirmed that the group possesses the legal standing to dispute the department’s decision. They also maintained the temporary injunction.

The businesses reportedly cited drops in sales and job cuts due to the ban. They also highlighted personal stories of people benefiting from the hemp products, including help with opioid addiction challenges. These testimonies, which included the Texas Veterans of Foreign Wars’ director of government and public affairs, swayed judges.

The justices stated, “Viewing this evidence in the light most favorable to the trial court’s ruling, we conclude that there was some evidence to support the trial court’s finding of probable, imminent and irreparable injury in the interim.”

“This ruling helps save an $8 billion industry, and thousands of jobs, but it also gives adult consumers and veterans continued access to hemp-based cannabis products vital to their everyday lives,” Hometown Hero CBD said in a public statement Thursday.

“A commissioner and an agency tried to act outside of the legislative process bounds, without appropriate public notice or an opportunity to be heard,” Amanda G. Taylor, attorney for the challenging group, told Law360.

If the state does not appeal the recent opinion, the case will transition back to the lower court for trial. Taylor asserts that the case aligns with the 2019 statute legalizing consumable hemp products.

Earlier this month, a federal judge in Arkansas handed hemp-based product makers some hope after ruling that new state restrictions on delta-8 violated the Dormant Commerce Clause and the 2018 Farm Bill.

Texas’ hemp journey has been rocky since its start. Last year, a political consultant and former top aide of the state’s agricultural commissioner was indicted on felony theft charges and commercial bribery over a messy pay-to-play scheme, calling into question by political opponents the commissioner’s own proximity to the ruse. (Full Story)

In category:Delta-8
Next Post

Virginia Judge Rejects Injunction on Law Limiting Delta-8, Total THC in Hemp Products

Since the 2018 Farm Bill authorized hemp production and removed the crop from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances, the hemp-derived cannabinoid industry has boomed across the nation — including the sale of hemp-derived, psychoactive delta-8 and…
Previous Post

State regulators want Congress to redefine, regulate hemp, delta-8 THC

An association of regulators of state cannabis programs is asking Congress to include in the next Farm Bill new rules governing hemp and hemp-derived cannabinoids, including a new definition for what constitutes “hemp” versus marijuana. If adopted, the proposed rules would have…
Random Post

Too Much Weed and Not Enough Customers, Colorado Sees the Worst 4/20 Sales in 5 Years

This year, Colorado's marijuana sector suffered a severe setback when sales for 4/20, a major cannabis-related festival, were deemed the "worst" in five years. As MJ BIZ reported, The Marijuana Industry Group, a Denver-based trade organization, has expressed alarm about the…
Random Post

New Jersey Marijuana Regulators Propose Permits That Would Let Dispensaries Partner With Research Institutions

New Jersey marijuana regulators are accepting public comments on a proposal that would create a new permit to allow “clinically focused” dispensaries to enter into partnerships with research institutions to carry out cannabis studies using products that they grow or…
Random Post

Pre-Roll Or Edible? Low-Dose Or No? What Cannabis Consumers Are Buying Today

Cannabis sales growth in a state where it has been newly-legalized is like an upside down hockey stick, said Jeff Gonick, founder of the New York company Bogart which makes low-THC pre-rolls. Sales start out strong and shoot up to serve existing…
Random Post

German Officials Circulate Draft Bill For First Part Of Marijuana Legalization Plan Among Cabinet Members

A top Germany health official has submitted a draft bill to legalize marijuana possession, cultivation and social clubs—the first of a two-part reform framework—to government cabinet officials. Health Minister Karl Lauterbach shared details about the legalization plan last month, and on…