Texas judge blocks smokable hemp ban – for now

A Texas judge has temporarily blocked state health officials from enforcing a ban on smokable hemp.

Travis County Judge Lora Livingston granted a temporary restraining order Wednesday to a group of hemp producers challenging a rule enacted by state health authorities earlier this month that blocks the manufacture and sale of smokable hemp products, said Chelsie Spencer, an attorney representing two of the hemp companies.

Texas state lawyers argued that a restraining order wasn’t needed because smokable hemp wasn’t legal before, meaning no businesses were impacted by the new rule. Livingston disagreed.

The restraining order means that the Texas Department of State Health Services can’t enforce its ban on the manufacture, processing, distribution, or retail sale of consumable hemp products for smoking, which took effect Aug. 2.

The judge will give both sides more time to hash out the disagreement next month.

The Texas dispute is the first attempt to challenge a smokable hemp ban through state courts, rather than the federal judiciary, Spencer told Hemp Industry Daily.

A lawsuit challenging a similar ban in Indiana is pending in that state’s federal system.

3 comments on “Texas judge blocks smokable hemp ban – for now
  1. Pat Jack on

    Great legal strategy by the Texas litigation team. If this bounces back and forth between Texas State level Appeals courts, and is by chance defeated in the Texas Supreme Court, they can always address this issue in the federal courts as Paul Vink, Justin Swanson and Terry Moorehead have done in Indiana starting in the federal courts.

  2. Charles A.R. on

    It’s asinine to completely outlaw an entire, important, use of the hemp plant.
    Smoking hemp flower is LESS TOXIC than tobacco, and LESS INTOXICATING than cannabis. Therefore, smokable hemp products have their own distinctive, rightful place in the marketplace.
    Hemp product regulators need to be more forward thinking and get out of their out-dated, regressive way of thinking about this topic. Old dinosaurs.
    By the way, don’t overlook the fact that HEMP IS FEDERALLY LEGAL. So why reintroduce another form of prohibition?
    Haven’t we’ve learned anything from decades of useless laws that prohibited hemp?
    More forward-thinking, ambitious and progressive nations are going to eat our lunch. They are going to secure all of the GLOBAL market share, while we in the U.S. sit on our hands, because of old dinosaur, naive, regressive hemp regulators across the U.S.

    • Jacques-Aranda Adanary on

      Very well said. Thank you for voicing. Nevermind the tremendous changes in people’s lives from the promising effects of the cannabinoids.

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