A judge blocked Texas’ smokable hemp ban, reopening sales statewide — but a looming federal rule could shut it down again.
DALLAS — Texas hemp shops are back to selling smokable products, such as THCA flower and joints.
They can do so until at least April 23, after a Travis County district judge ruled against the state in a civil suit alleging Texas officials overstepped their authority when they banned smokable hemp.
However, federal rules are set to be enacted in November that could effectively ban smokable hemp products across the country.
The suit in the Lone Star State was filed by Texas Hemp Business Council (THBC), Hemp Industry & Farmers of America (HIFA), and several Texas-based dispensaries and manufacturers.
They claim rules adopted by the Texas Department of State Health Services (DSHS), which changed testing procedures and effectively banned smokable hemp, supersede the state’s authority.
It’s still yet to be determined if smokable hemp will be legal in Texas after April 23. Depending on how things shake out, that could be irrelevant.
As part of a deal to reopen the federal government in November last year, President Donald Trump signed a bill that included a ban on hemp products with THC levels above .4 milligrams, according to previous WFAA reporting. The federal funding bill also included an amended definition of hemp to include a total THC test, the same move that wiped out the smokable hemp market in the Lone Star State.
David Sergi, an attorney involved in the Texas suit, said a federal smokable hemp ban risks shutting down 75%-80% of the industry.
“It would wipe out small family investments across the country,” Sergi said. “It would be a nightmare.”
Some, such as Sen. Rand Paul, have been working to protect state hemp programs under these new federal rules, set to take effect Nov. 12.
Paul’s Hemp Safety Enforcement Act creates the ability for states to opt out of the new federal hemp definition, which includes the total THC test. Paul of Kentucky filed the bill with senators Amy Klobuchar, a Minnesota Democrat, and Joni Ernst, an Iowa Republican.
“We can look out for public safety without trampling states’ rights or adult choice,” Paul wrote in a social media post about the legislation. “We’ve seen prohibition fail before. It fails miserably.”
