Texas Supreme Court Bans Smokable Hemp Production, Sales
High Times

Hemp was classified as an agricultural product when the 2018 Farm Bill was passed, but the Texas Supreme Court banned smokable hemp in 2019. This was challenged and overturned in August 2021 by the Travis County District Court, stating that it is unconstitutional to ban smokable hemp, and in December 2021, the Texas Supreme Court agreed to hear the case. In March 2022, the Supreme court case was held with the Texas Department of State Health Services (and its commissioner, John Hellerstedt) and four smokable hemp companies (Crown Distributing, America Juice Co., Custom Botanical Dispensary, and 1937 Apothecary). However, on June 24, the Texas Supreme Court Judge Jeffrey S. Boyd wrote in his opinion that smokable hemp is still banned. “Considering the long history of the state’s extensive efforts to prohibit and regulate the production, possession, and use of the Cannabis sativa L. plant, we conclude that the manufacture and processing of smokable hemp products is neither a liberty interest nor a vested property interest the due-course clause protects,” Boyd wrote. The Texas Constitution mentions the right “to engage in any of the common occupations of life” and “pursue a lawful calling, business or profession,” but in Boyd’s opinion, these rights don’t apply to hemp production. “It is enough to observe that the due-course clause, like its federal counterpart, has never been interpreted to protect a right to work in fields our society has long deemed ‘inherently vicious and harmful.’” Dallas-based hemp company Wild Hemp was the primary funding behind this effort, but the legal battle has come to an end. The company’s CEO, Zain Meghani, spoke with Dallas Observer about the ruling and how it will affect local hemp companies. “This ruling hurts the Texas hemp industry top to bottom,” Meghani said. Chelsie Spencer, founding member of Ritter Spencer…

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Source : Texas Supreme Court Bans Smokable Hemp Production, Sales

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