Texas Looking to Enforce Ban on Smokable Hemp

Texas Sign
  • The Texas Department of State Health Services is pushing for judges to allow them to enforce a ban on smokable hemp; a ruling they voted on in September 2020.
  • Back when the ban was passed, a judge placed an injunction on its enforcement due to several hemp businesses suing over the new rule. 
  • Despite no clear ruling from the court yet, officials in Texas are pushing for the ban to be enforced. 

The state of Texas (more accurately, Texas officials) is currently seeking permission from three judges to enforce its ban on smokable hemp. Texas has been waiting to enforce the ban since declaring it as a new rule in September of last year.

However, the ruling was met with opposition from several hemp businesses throughout the state, as lawsuits came forward claiming that the Texas health department went too far and created a ruling that directly opposes the 2018 Farm Bill.

Another major issue that hemp businesses have with the new rule is that banning the manufacturing of smokable hemp also puts a ban on the sale and distribution of related products. Not only does this eliminate a revenue stream, but it also leaves business owners with the difficult decision of choosing what to replace them with.

Back in September, a judge placed an injunction on the rule until all the lawsuits were settled. But despite the businesses appearing in court back in March, no ruling has been released. As long as the injunction is in place, the state of Texas can not enforce their ban on smokable hemp and its products.

The Texas Department of State Health Services will likely continue to push for this ban. However, it seems unlikely that it will be enforced anytime soon. With continuous delay from the courtroom, and the growing acceptance of smokable cannabis across the country, Texas officials will be facing an uphill battle to ban smokable hemp.



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