DEVELOPING: Texas smokable hemp ban ruled unconstitutional

In a developing turn of events, the ruling on the permanent injunction concerning Texas’ smokable hemp products ban was issued Monday.

According to an attorney working the case, Judge Lora Livingston, of the 261st District Court in Travis County, has ruled the entire smokable hemp ban unconstitutional. A formal order is expected to be signed and issued soon.

“Today’s ruling is a major win for Texas’ hemp industry, and may set a new standard in similar cases across the country,” said Zachary Maxwell, president of Texas Hemp Growers. “The attorneys behind the Texas Hemp Legal Defense Fund fought hard, brought fact-based arguments to the courtroom, and proved the undeniable financial harm caused by this cavalier ban.”

Judge Livingston’s ruling has found the following statutes to be unconstitutional:

  • Texas Health and Safety Code Sec. 443.204(4) – “the processing or manufacturing of a consumable hemp product for smoking is prohibited.
  • Texas Agriculture Code Sec. 122.301(b) – ” A state agency may not authorize a person to manufacture a product containing hemp for smoking, as defined by Section 443.001, Health and Safety Code.
  • 25 Texas Administrative Code Sec. 300.104 – “The manufacture, processing, distribution, or retail sale of consumable hemp products for smoking is prohibited.

Additionally, a permanent injunction has been issued preventing the Department of State Health Services (DSHS) from enforcing the smokable ban.

But the fight may not be over! In cases like this, the state loves to use YOUR tax dollars to prove its point. We fully expect DSHS will appeal to the Court of Appeals and eventually the State Supreme Court.

In celebration of today’s important milestone, please chip in to the Texas Hemp Legal Defense Fund, which has made this victory possible.

A big round of applause is also in order for attorneys Matthew Zorn, Chelsie Spencer, Shane Pennington, and Susan Hays.


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