A federal judge has ruled against an emergency motion to block Texas' ban on most hemp-derived THC products, allowing the ban to remain in effect while a lawsuit is ongoing.
U.S. District Judge Jeffrey Brown denied the request for a temporary restraining order, stating that the plaintiffs, which include two hemp retailers and a distributor, did not demonstrate sufficient evidence of irreparable harm to interstate commerce.
The ban, enacted at the end of July, prohibits several synthetic THC variants, including 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 under the 2018 federal farm bill.
The banned products are now classified as Schedule I drugs, which could result in serious legal consequences for possession, including state jail felony charges that carry potential prison sentences of 180 days to two years and fines up to $10,000. Cannabis experts estimate that if the ban is enforced, over half of the THC products currently available in stores could be removed.
