Judge Rules Texas Ban on Smokable Hemp Unconstitutional

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Texans will have the ability to legally manufacture smokable hemp products after all. A judge in the Travis County District Court in Texas ruled that a ban on smokable hemp in the state is unconstitutional—siding with several hemp companies that filed a lawsuit, challenging the 2019 ban on smokable hemp products passed by Texas lawmakers. Last year, four hemp businesses filed the lawsuit in a Travis County District Court against the Texas Department of State Health Services and its commissioner—John Hellerstedt. In the end, they prevailed. This follows a ruling last week that allows smokable hemp to be sold in Texas. With the latest ruling, smokable hemp products can also be manufactured in the state. Judge Lora Livingston of the 261st District Court sent a letter dated August 23 with her ruling to toss out the ban in the case Crown Distributing LLC, et al. v. Texas Department of State Health Services, et al. The judge indicated in the letter that a final judgment should be prepared and submitted for her signature soon. In the ruling, Judge Livingston ruled that Section 443.204(4) of the Texas Health and Safety Code and Section 122.301(b) of the Texas Agriculture Code violate the Texas Constitution. Section 443.204(4) of the Health and Safety code reads “the processing or manufacturing of a consumable hemp product for smoking is prohibited.” Section 122.301(b) of the Agriculture Code clarifies that a state agency “may not authorize a person to manufacture a product containing hemp for smoking.” Judge Livingston ruled that “25 Texas Administrative Code Section 300.104 is invalid in its entirety.” Section 300.104 regards the manufacturing and sale of hemp, specifically. The judge also granted a permanent injunction against the Texas Department of State Health Services from enforcing the ban via the sections above. According to locals, the ban…

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Source : Judge Rules Texas Ban on Smokable Hemp Unconstitutional

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