Overview
- U.S. District Judge Jeffrey Brown denied an emergency temporary restraining order on Aug. 9, leaving the Texas rules that ban most non-delta-9 hemp THCs in force while a preliminary-injunction request remains pending.
- The Texas Department of State Health Services republished Schedule I definitions on July 10 and began enforcement July 31, treating many hemp-derived compounds such as delta-8, delta-10, THCP and THCA flower as illegal.
- Plaintiffs — two retailers and a distributor plus a consumer — sued July 31 arguing the rules conflict with the 2018 Farm Bill, violate due process, and impose an unconstitutional burden on interstate commerce.
- Retailers across Texas have pulled affected products from shelves and face legal uncertainty, while possession or sale of banned items can be charged as state jail felonies with 180 days to two years in prison and fines up to $10,000.
- The legal fight follows a May Texas Supreme Court decision that removed an earlier injunction and cleared the way for reclassification, and the case now heads to further court proceedings with possible state and federal legislative responses looming.