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Texas cannabis businesses sue state to block smokeable hemp ban
The lawsuit says the rules exceed state authority and would force closures by banning smokeable products and raising manufacturer fees to $10,000 per facility.
- On Tuesday, The Texas Hemp Business Council and Hemp Industry & Farmers of America filed for a temporary restraining order against the Texas Department of State Health Services and the Texas Health and Human Services Commission, alleging constitutional overreach.
- Regulations effective March 31 classify hemp as noncompliant if total THC exceeds 0.3%, which industry groups claim conflicts with the 2019 framework established by the Texas Legislature.
- While supporting age verification, industry leaders argue fee increases—rising from $258 to $10,000 for manufacturers and $155 to $5,000 for retailers—threaten business viability, attorney David Sergi noted.
- The lawsuit asserts, "Texas law does not permit agencies to override that result through rulemaking," arguing these measures replace policy choices the Texas Legislature deliberately declined to enact.
- A pending Texas Supreme Court case on delta-8 THC, expected this year, will test whether state agencies can unilaterally alter hemp market regulations without direct legislative approval.
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28 Articles
28 Articles
Texas' smokable hemp ban hits businesses as lawsuit challenges new rules
It has been just over a week since Texas' ban on smokable hemp took effect, and some business owners say the new rules are already taking a financial toll - while a legal challenge aims to overturn it.
·Houston, United States
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Hemp leaders file lawsuit to block Texas intoxicating smokables ban
Texas hemp industry leaders have filed a lawsuit against the state in an effort to block new regulations governing legal hemp products, which they claim could strangle the nearly $8-billion industry.
·Austin, United States
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League City, Bacliff smoke shop joins industry lawsuit against THC rules
Burners Vape/ Smoke/ Herb joined the Texas Hemp Business Council in a lawsuit filed April 7 in Travis County district court, arguing state health agencies overstepped their authority, imposed unlawful costs on businesses and effectively rewrote Texas law through rulemaking.
Coverage Details
Total News Sources28
Leaning Left10Leaning Right1Center13Last UpdatedBias Distribution54% Center
Bias Distribution
- 54% of the sources are Center
54% Center
L 42%
C 54%
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