Texas judge could soon allow hemp businesses to sell THC products again

TRAVIS COUNTY, Texas - Texas smoke shops could soon be allowed to sell currently-banned THC products if a Travis County judge grants a temporary restraining order.

Texas THC bans

The backstory:

The so-called "Total THC" rules went into effect on July 31 after a Texas Supreme Court ruling. The rules were initially adopted in 2021 before years of court battles pushed back enforcement.

At the heart of the new regulations a 0.3% THC limit for consumable hemp products. The rules also required testing as well as child-resistant packaging and testing. Licensing fees for retailers were also hiked from about $250 to $10,000 in some cases.

Delta-8, Delta-10, and several related THC products are affected by the ban.

Delta-9 products are exempt due to state and federal laws allowing them in a naturally occurring form, provided that they don't exceed the .3% by dry weight.

Dig deeper:

Traditional cannabis is illegal in Texas, but the hemp-derived THC became popular after Congress unintentionally created a legal loophole with the 2018 Farm Bill, which legalized hemp for rope, clothing, and other products.

Drug manufacturers in Texas capitalized on the language to produce legal intoxicating products before the recent ban.

What's New:

On Friday, a Travis County judge heard from attorneys representing hemp businesses on why a temporary restraining order against the Texas Department of State Health Services should be granted for them to continue selling THC products.

Davis Sergi, who represents hemp businesses, argues that the TDSHS can't enforce the THC ban until it defines what amount rises to an illegal amount.

"When the Supreme Court issued its opinion in the Sky Marketing case, they talked about the fact that trace elements of various cannabinoids could still be legal, but they didn't define it," Sergi said. 

"When they didn't define it, that left it to the Department of Health and Human Services to define it and they haven't defined it. And so the problem is, is that in every cannabinoid-related product, there'll be some trace elements of various naturally-derived cannabinoids such as Delta-8, Delta-10, and it's just a natural byproduct of the process. Well, unfortunately, the Supreme Court didn't define what that was."

The other side:

Aubree Adams is the director of Citizens for a Safe and Healthy Texas, an organization that argues Texas needs to make all intoxicating THC products illegal.

"They're gonna fight, and they're going to sue taxpayers of Texas until they get what they want. Or, Texas can hold a line and say, 'No, you're not allowed in our state'," Adams tells FOX 4's Lori Brown.

"We're not flipping our state to be like California and Colorado. We don't want these products legal and accessible to our youth here in Texas."

What's next:

A ruling on the request for a TRO could come as soon as today.

Depending on her decision, the full hearing on the temporary injunction would happen on either September 17 or October 8.

CannabisTravis CountyTexas Politics