A Texas judge last week ordered that smokable hemp products can be sold again in the state, at least until the next hearing in a lawsuit challenging the ban, the Texas Tribune reports.
The ruling by Travis County District Judge Maya Guerra Gamble grants the temporary restraining order requested by the plaintiffs, the Texas Hemp Business Council, Hemp Industry & Farmers of America, and hemp industry stakeholders, including retailers, manufacturers, and farmers.
The judge’s order lifts the ban until at least April 23, meaning that smokable hemp, like pre-rolls and flower products, can be legally sold again in the state, at least for now.
“An administrative agency may not substitute its own policy judgment for the outcome produced by the constitutional lawmaking process. The Texas Constitution vests legislative power in the Legislature, not administrative agencies.” — Excerpt from the lawsuit, via the Tribune
The ban was unveiled by the Department of State Health Services (DSHS) in early March and took effect starting March 31.
The new rules also brought major increases to Texas hemp business licensing fees, with manufacturer licensing costs increasing from about $250 to $10,000 and retailer licensing costs increasing from $155 to $5,000. The new fees apply to both the initial and renewal licensing costs. The rules also tightened the hemp industry’s product packaging and testing requirements.
The judge’s order does not affect the changes to licensing fees or the new product packaging and testing requirements. The plaintiffs said they have no issue with those changes, and that their lawsuit seeks only to overturn the ban on smokable products.
