By New Lawsuit Targets Texas Smokable Hemp Ban
A new lawsuit has been filed seeking to overturn Texas’ ban on smokable hemp-derived THC products, WFAA reports. The suit was brought by the Texas Hemp Constitutional Alliance and Green Nation, a hemp business in the state.
The lawsuit names Stephanie Muth, executive director of Texas Health and Human Services, and Imelda Garcia, interim commissioner of the Texas Department of State Health Services. The plaintiffs claim the officials exceeded their authority when establishing the new rules imposing the ban and imposing higher licensing fees on manufacturers and retailers.
The lawsuit contends that only state lawmakers had the authority to create the new rules. It seeks an injunction on the new regulations until the case is tried in court.
The lawsuit is the latest in a string of legal filings against the new rules in the state.
Related Legal Challenges
On December 8, the Texas Hemp Business Council will appear in court for a hearing in its lawsuit, which also challenges the smokable product ban and increased fees.
In April, a Texas judge ruled for the plaintiffs and overturned the ban, but the state appealed, and the Fifteenth Court of Appeals rescinded the lower court’s emergency injunction.
The business council’s hearing will be before the Fifteenth Court of Appeals.
Federal Case and Industry Impact
A separate lawsuit has been filed in the U.S. District Court for the Western District of Texas by four hemp product retailers. That lawsuit also targets the rule changes.
The federal lawsuit claims that the regulations have led to over 36,000 job losses and billions of dollars in losses for the industry.
