UPDATE: TX Smokable Hemp Ban Lawsuit
Word just came in that a ruling has been issued on the appeal to the temporary injunction against the smokable hemp ban.
As you’re probably aware, there is an active lawsuit against Department of State Health Services for their rule banning the manufacturing, processing, distribution and retail sale of hemp products for smoking.
Last September, a judge issued a temporary injunction against this rule, on the grounds that DSHS had gone beyond the authority provided to it by state law. Very specifically, state law prohibits “processing” and “manufacturing” of “hemp products for smoking.”
However, when DSHS implemented its rules it also added “distribution” and “retail sale” to that ban. This created a clear and easy method for obtaining a temporary injunction against the rule.
When that temporary injunction was issued, DSHS filed an appeal to try and have it overturned. The ruling today concerns the appeal to the temporary injunction. The ruling on the permanent injunction hasn’t been made.
The attorneys are still processing the ruling, and will provide a full analysis later today. But here’s what we know right now:
- The court has enjoined the retail and distribution ban (ie — you can keep distributing and selling smokable products under the temporary injunction)
- The court did NOT enjoin the manufacturing and processing ban
- It is not clear exactly when this will go into effect. It may be immediate. Attorneys are still determining the best options to counteract.
- I’ve been told that the court’s decision to not enjoin the processing and manufacturing ban is purely technical, and is not based on constitutional interpretation of the state law. In short, this is correctable and the long-term outcome may still be favorable.
- This is just the ruling on the appeal to the temporary injunction. All of this could change with the ruling on the permanent injunction, which could come any day.
The fight isn’t over! We are not protected or safe from the bureaucrats. Even with a permanent injunction, we will still be fighting appeals, as the state will relentlessly use your tax dollars to prove its point.
It’s very important to point out that pretty much one company has been carrying the financial burden for the entire Texas hemp industry in this fight — Crown Distributing. This lawsuit has climbed well past $400,000! And that cost is being expensed to Crown.
The truth is that if it wasn’t for Crown, we likely would all be banned from any smokable transactions.
We have a responsibility as farmers, processors, and retailers to step up and help in this fight financially. Despite Crown fronting the costs, the outcome effects everyone.
Texas Hemp Growers recently solicited and secured participation from SunFlora, the owners of Your CBD Store. Their corporate office is contributing $5,000 and matching up to $15,000 in donations from their local Your CBD Stores. That’s potentially $35,000 in donations! A huge thank you to Your CBD Store for stepping up and helping in this fight.
I’m going to ask you to follow in the footsteps of Your CBD Store. Last year, Texas Hemp Growers collectively raised over $16,000 to donate toward the Texas Hemp Legal Defense Fund, which is the driving force behind the case.
The new goal in this second push is $50,000. It’s a big goal. But it’s achievable. I’d like to achieve it by Oct. 1. The $5000 contribution from SunFlora already puts us 10% there!
Will you open your wallet and chip in?
Donate directly to the Texas Hemp Legal Defense Fund here: www.txhempfund.com
Or mail a check made out to Texas Hemp Legal Defense Fund to P.O. Box 41647 Austin, TX 78704
All monies go directly to the Legal Defense Fund account. Texas Hemp Growers does not handle donations or have authority over the Legal Defense Fund. The TX Legal Defense Fund is managed by the attorneys working the case.
