On Monday, August 23, a Texas District Court Judge ruled in favor of a group of hemp businesses. They had sued the Texas Department of State Health Services for banning the manufacturing and selling of smokable hemp. In 2019, the state legalized hemp and put the ban in place at the same time. 

Earlier this month, an appeals court modified the current standing rules as the hemp groups waited on their final verdict. The banning of sales was deemed outside of the scope of regulators in the state. They couldn’t enforce a sale ban on the smokable hemp product. However, there could still be a ban on the manufacturing of smokable hemp. Any products sold in the state must be manufactured outside of the state and imported for sales. 

The hemp industry has been struggling in Texas since legalization in 2019. Many farmers are struggling to afford seeds for their small farms and the constant testing of THC in the plants is creating extra stress and less yield than intended. 

Judge Lora Livingston of the 261st District Court in Texas released her verdict on the case, which has no chance for appeal and will go into effect immediately. Matt Zorn, one of the leading attorneys for the hemp businesses, used a previous case from the Texas Supreme Court to argue his clients’ case. A law could become unconstitutional if “the statute’s effect as a whole is so unreasonably burdensome that it becomes oppressive in relation to the underlying governmental interest.”

Response

The hemp industry received a positive outcome in this case. “We’re pleased with the result. This law never made any sense, was an unjustifiable infringement of liberty when enacted and would have seriously hurt the Texas hemp industry from farmers to consumers if allowed to move forward,” Zorn said. “After a full trial, the court saw things our way and declared the statute unconstitutional under the Texas Constitution.”

Heather Fazio is the director of Texans for Responsible Marijuana Policy. She also spoke positively about the verdict of the hemp business case. ​​

“As Texas makes its way out of the prohibition era, there will be good and bad policy decisions. This ruling shows that bad policy can be overturned. We can thank these outstanding cannabis attorneys and industry leaders who were willing to stand up for free enterprise and accountable government.”

Future

Continued advancement makes its way through Texas. Earlier this year, Governor Greg Abbott passed an expansion to the medical cannabis program in the state. With both hemp and medical cannabis legal, activists suspect recreational cannabis can’t be too far off from legalization.

Make sure to check back for more cannabis and hemp related news.