Texas Supreme Court enters fight over state’s THC rule as injunction set to expire

FILE – Judge temporarily halts THC ban in Texas

A judge has temporarily blocked a statewide ban on smokable THC products after businesses across the state filed a lawsuit to that end. FOX 7 Austin’s Katie Pratt has the latest.  

AUSTIN, Texas - The Texas Supreme Court has weighed in on the fight to stop the state’s new THC rule that essentially bans most smokable hemp products in the state.

What's new:

In an essentially unanimous decision, the state’s highest court ruled Friday that the Department of State Health Services has broad authority to regulate substances.

Austin-based hemp business Hometown Hero had sued over the new regulations issued by the state that were supposed to take effect at the end of March. The business argued that DSHS acted outside its authority.

The ruling comes just hours before an injunction issued by a lower court that has prevented enforcement of the ban and is set to expire at 5 p.m. Friday.

The backstory:

The so-called "Total THC" rule at the heart of the battle took center stage this week as both the state and members of the state’s hemp industry made their cases to the lower court judge that issued the temporary restraining order.

DSHS enacted regulations on consumable hemp-derived products March 31. The rule required child-resistant packaging and testing. It also set a 0.3% THC limit for consumable hemp products, and hiked licensing fees for retailers from about $250 to $10,000 in some cases.

Featured

article

Texas judge begins hearing on controversial smokable hemp ban and fee hikes

The hearing will decide if a temporary block on these rules stays in place or if the state can begin immediate enforcement.

Advocates for the hemp industry say the rules would essentially force them to discard a large amount of inventory, and run them out of business. They also argue that the increased fees essentially amount to an "unconstitutional occupation tax."

Attorneys for the state argue that the rule is a public safety necessity. They call THC-A, a non-intoxicating compound found in most smokable hemp products, "marijuana in waiting" since it converts to an intoxicating form of THC called Delta-9 when heated.