UPDATE: Almost three weeks ago, the Texas Court of Appeals overturned a ban on the distribution and retail sales of smokable hemp products. A portion of the suit also covered the manufacture of smokable hemp products was left pending. The ban on manufacturing smokable hemp products has been deemed unconstitutional!
In a major victory for the state’s hemp industry, Judge Lora Livingston of the 261st District Court said in a decision letter that judgment “is granted in favor of the Plaintiffs,” without the need for further evidence or hearings. That means a series of Texas statutes prohibiting hemp manufacturing and sales will be fully invalidated after counsel submits final judgements for her to sign.
“We’re pleased with the result. This law never made any sense, was an unjustifiable infringement of liberty when enacted and would have seriously hurt the Texas hemp industry from farmers to consumers if allowed to move forward,” Matt Zorn, one of the lead attorneys on the case. “After a full trial, the court saw things our way and declared the statute unconstitutional under the Texas Constitution.”
August 5th: A judgement by the Texas Court of Appeals has overturned a policy by the Texas Department of State Health Services to ban the distribution and retail sales of smokable hemp products. Four Texas companies sued to overturn the ban, warning it would shut Texas companies out of a multibillion-dollar industry and lead to inaccurately labeled products on store shelves.
“We reverse that portion of the trial court’s temporary injunction order insofar as it enjoins the enforcement of rule 300.104’s bans on manufacturing and processing of consumable hemp products for smoking and enjoins assessing any fines or otherwise penalizing any entity or person in any way from violating those bans.”From opinion issued by Justice Melissa Goodwin
A portion of the suit also covers the manufacture of smokable hemp products, however due to a technical issue, further work has to be done for it to proceed. Stay tuned for updates!
Read the Judgement, the Memorandum Opinion, and the Emergency Motion.
Learn about the Temporary Restraining Order and the Temporary Injunction Hearing.
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Reminder: Tutorial: How to Become a T.CUP Patient (8/28/21 at 10am): With improvements made during the 87th Legislative Session, now is the perfect time to help patients prepare for the changes that will take effect. Join Informed Texas and Texas Compassionate Use Program (T.CUP) physicians to learn about which conditions allow patients to qualify, the process for enrolling in T.CUP, and how to fulfill your prescription. We will also learn more about the telemedicine process as well as the types of medications/uptake methods that are available.