Smokable Hemp Ban in Texas Blocked by State Judge

Man Smoking
  • A judge in Travis County, Texas has placed a temporary restraining order on state health officials in request from a group of hemp producers challenging the state’s smokable hemp ban.
  • The restraining order is the first attempt to challenge state courts rather than the federal judiciary.
  • While the restraining order stands, the Texas Department of State Health Services can not block smokable hemp flower from being put into circulation.

A Texas judge has placed a temporary block on the enforcement of the new smokable hemp ban.

Feeling some déjà vu? Don’t worry; it should sound familiar.

With Texas in a back-and-forth battle with the federal judiciary system, Travis County Judge Lora Livingston took fate into her own hands and blocked state health officials from enforcing the ban. Previous attempts to block the ban have been shot down; however, this marks the first challenge on the ban that has been issued in state courts rather than on a federal level.

The “block” on the ban comes in the form of a restraining order. State lawyers in Texas argue that one is not needed because smokable hemp wasn’t legal before the ban, resulting in zero impact on business.

Judge Livingston felt differently.

The restraining order was granted to a group of hemp producers who challenged the new ruling.

With a restraining order in place, the Texas Department of State Health Services can’t stop smokable hemp flower from being manufactured, processed, distributed, or sold. In the meantime, Judge Livingston is going to give both sides time to settle the agreement.



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