The Battle To Allow Smokable Hemp In Texas


Texas has allowed hemp cultivation and state-based manufacturing, distribution, and retail sale of hemp and consumable hemp products since 2019—but only if the products weren’t intended for smoking. This prohibition on a product with such high value for hemp farmers—and soaring consumer demand—was sure to make waves. Shane Pennington VS counsel Shane Pennington and the legal team for the plaintiffs in the case Texas Department of State Health Services et al. v. Crown Distributing LLC et al. have been working hard to overturn that ban. The first win for smokable hemp came in September 2020 when a Texas trial court issued a temporary injunction that barred the Texas Department of State Health and Human Services (DSHS) from enforcing the ban until the lawsuit went to trial. In August 2021, Austin’s Third District Court of Appeals ruled that DSHS could enforce the ban on the processing and manufacturing of smokable hemp products but could not prohibit smokable hemp products made outside of Texas from being sold in the state. This was a significant win for Texas distributors, retailers, and consumers, as well as hemp brands nationally, but not for farmers and manufacturers in the Lone Star State. Smokable hemp finally received a Texas-sized triumph on August 23, when Judge Lora Livingston of the 261st Civil District Court ruled the Texas smokable hemp ban unconstitutional. The trial court’s watershed ruling vindicates the economic liberty of Texas hemp farmers and operators seeking to prosper from this untapped segment of the Lone Star State’s hemp market, as well as Texas hemp consumers who can now proudly purchase “made in Texas” smokable hemp products. Judge Livingston has ordered the parties to prepare a final judgment for her signature. Once a final judgment is in place, plaintiffs anticipate DSHS will likely appeal. While the case may return to Austin’s Third…

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Source : The Battle To Allow Smokable Hemp In Texas

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