Judge Denies Emergency Order Blocking Texas Hemp THC Ban

U.S. District Judge Jeffrey Brown denied an emergency motion for a temporary restraining order filed by hemp businesses and consumers, allowing a Texas ban on most hemp-derived THC products to remain in effect. The ban follows a May decision by the Supreme Court of Texas and reclassifies synthetically created THC variants, such as delta-8, delta-10, THCP, and THCA flower, as Schedule I drugs.

Under the current rules, possession of these products can be treated as a state jail felony, carrying penalties of up to two years in prison and $10,000 in fines. Only delta-9 THC products containing less than 0.3% THC by dry weight remain legal. Andrea Steel, lead counsel for the hemp industry, argued that the ban violates the 2018 federal farm bill and creates unconstitutional burdens on interstate commerce.

Judge Brown ruled that the plaintiffs failed to demonstrate irreparable harm to justify the emergency relief. While the temporary restraining order was rejected, a request for a preliminary injunction remains pending. State officials, including Senator Charles Perry, have indicated plans to further restrict consumable hemp products during the next legislative session.