Judge Rules Texas Ban on Smokable Hemp Unconstitutional

Texans will have the ability to legally manufacture smokable hemp products after all. A judge in the Travis County District Court in Texas ruled that a ban on smokable hemp in the state is unconstitutional—siding with several hemp companies that filed a lawsuit, challenging the 2019 ban on smokable hemp products passed by Texas lawmakers.

Last year, four hemp businesses filed the lawsuit in a Travis County District Court against the Texas Department of State Health Services and its commissioner—John Hellerstedt. In the end, they prevailed. This follows a ruling last week that allows smokable hemp to be sold in Texas. With the latest ruling, smokable hemp products can also be manufactured in the state.

Judge Lora Livingston of the 261st District Court sent a letter dated August 23 with her ruling to toss out the ban in the case Crown Distributing LLC, et al. v. Texas Department of State Health Services, et al. The judge indicated in the letter that a final judgment should be prepared and submitted for her signature soon.

In the ruling, Judge Livingston ruled that Section 443.204(4) of the Texas Health and Safety Code and Section 122.301(b) of the Texas Agriculture Code violate the Texas Constitution.

Section 443.204(4) of the Health and Safety code reads “the processing or manufacturing of a consumable hemp product for smoking is prohibited.” Section 122.301(b) of the Agriculture Code clarifies that a state agency “may not authorize a person to manufacture a product containing hemp for smoking.”

Judge Livingston ruled that “25 Texas Administrative Code Section 300.104 is invalid in its entirety.” Section 300.104 regards the manufacturing and sale of hemp, specifically.

The judge also granted a permanent injunction against the Texas Department of State Health Services from enforcing the ban via the sections above.

According to locals, the ban didn’t apply to using smokable hemp—only manufacturing it—so Texas residents were routinely crossing state lines or going online to buy it.

Several months ago, the Dallas Observer reported that Texas law enforcement officers keep confiscated hemp-derived products in general, which are legal at the federal level under the 2018 Farm Bill. 

The Hemp Industry Rejoices Ban Lift on Smokable Hemp

Hemp industry insiders across the board were thrilled with the latest legal curveball—considering the vast potential of hemp cigarettes and similar products. As more people become interested in smoking cannabis during the day without it impacting workflow and motor skills, hemp cigarette products are booming.

Smokable hemp products are frequently a hot topic among opponents to cannabis reform because they are almost indistinguishable from cannabis products. They are favored by some consumers because they offer fast delivery of hemp-derived CBD. Due to their popularity, smokable hemp-derived CBD products represent a significant share of the overall CBD market.

“Today’s ruling is a major win for Texas’ hemp industry, and may set a new standard in similar cases across the country,” President of Texas Hemp Growers Zachary Maxwell said in a release. “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.”

Hemp Industry Daily called it a “watershed decision” that unlocks Texas to a hemp market that could potentially generate $400 million in annual sales by 2025.

Several other states are moving in the same direction. A few years ago, a judge in Indiana also ruled that banning smokable hemp was unconstitutional. Earlier this year, a similar bill passed in Louisiana, allowing smokable forms of cannabis.

The post Judge Rules Texas Ban on Smokable Hemp Unconstitutional appeared first on High Times.

Episode 60 – Safe Access to Medical Marijuana with Michelle Walker

Michelle Walker, patient advocate and director at Mothers Advocating Medical Marijuana for Autism, speaks with host Jordan Wellington about her journey as a cannabis activist and the work she’s done to change medical cannabis policy for the better in Colorado, Texas, and on the national level. Produced by Shea Gunther.

Wednesday, April 28, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Wednesday, April 28, 2021 | Curated by host Shea Gunther

// Louisiana Lawmakers Approve Marijuana Legalization Bill In Committee (Marijuana Moment)

// Montana Bill To Implement Marijuana Legalization Heads To Governor’s Desk (Marijuana Moment)

// Confirmed: Pennsylvania Is Crushing It In Cannabis (Green Market Report)


These headlines are brought to you by Agilent, a Fortune 500 company known for providing top-notch testing solutions to cannabis and hemp testing labs worldwide. Are you considering testing your cannabis in-house for potency? Agilent is giving away a FREE 1260 HPLC system for one year! If you are a Cultivator, processor, or cannabis testing lab you may qualify for this giveaway. Open up bitly.com/cannabis-contest to answer a few quick questions to enter to win!


// Minnesota Marijuana Legalization Bill Clears Ninth House Committee On Path To Floor (Marijuana Moment)

// Texas Lawmakers Approve Marijuana And Psychedelics Reform Bills (Marijuana Moment)

// Fire & Flower Q4 Revenue Increases 157% to $43.2 Million (New Cannabis Ventures)

// Valens Buys CBD Company In Deal Valued At $60 Million (Green Market Report)

// These License Plates Got the Highest Bids in Colorado’s Cannabis Vanity Plate Auction (Green Entrepreneur)

// Marijuana Packaging Recycling Bill Filed In New York Days After Legalization Takes Effect (Marijuana Moment)

// Seth Rogen Is Making Retro PSAs About How To Safely Consume Marijuana (Bro Bible)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

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Photo: Stuart Seeger/Flickr

Friday April 9, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Friday, April 9, 2021 | Curated by host Shea Gunther

// Mexican Senators Weigh Yet Another Extension Of Marijuana Legalization Deadline (Marijuana Moment)

// California cannabis firm Glass House Group to be bought in $567M deal (Marijuana Business Daily)

// Canopy Growth to Acquire Supreme Cannabis for $435 Million in Stock (New Cannabis Ventures)


These headlines are brought to you by Atlantic Farms, a Maine-based multistate cannabis business with operations in Maine and Massachusetts. Atlantic Farms is looking for people to help it grow and evolve as investors. Open up TheAtlanticFarms.com for more on the company and email info@theatlanticfarms.com to learn about investment opportunities.


// Connecticut Governor Says Marijuana Legalization Will Be Decided By Voters If Lawmakers Fail To Enact Reform (Marijuana Moment)

// Delaware Marijuana Activists Stage Boycott Of Medical Dispensaries That Testified Against Legalization Bill (Marijuana Moment)

// Verano Holdings Reports 2020 Pro Forma Revenue Grew 196% to $355 Million (New Cannabis Ventures)

// KushCo Holdings Q2 Revenue Increases 23% Sequentially to $32.9 Million (New Cannabis Ventures)

// Maine Lawmakers File Bill To Decriminalize Possession Of All Drugs (Marijuana Moment)

// Texas Lawmakers Unanimously Approve Medical Marijuana Expansion Bill In Committee (Marijuana Moment)

// Most Americans Think Marijuana THC and CBD Are the Same Chemical Poll Says (Newsweek)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

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Photo: VV Nincic/Flickr

Thursday, April 8, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Thursday, April 8, 2021 | Curated by host Shea Gunther

// Virginia moves cannabis legalization to July 1 2021 (Leafly (AP))

// Investigators in Matt Gaetz inquiry looking into Bahamas travel sources say (NBC News)

// Alabama House Committee Approves Medical Marijuana Legalization Bill Already Passed The Senate (Marijuana Moment)


These headlines are brought to you by Atlantic Farms, a Maine-based multistate cannabis business with operations in Maine and Massachusetts. Atlantic Farms is looking for people to help it grow and evolve as investors. Open up TheAtlanticFarms.com for more on the company and email info@theatlanticfarms.com to learn about investment opportunities.


// Texas Lawmakers Tackle Marijuana Decriminalization Medical Cannabis And Hemp In Committee Hearings (Marijuana Moment)

// Plus Products 2020 Revenue Increases 15% to $15.9 Million (New Cannabis Ventures)

// Trulieve Raises C$250 Million Selling Shares at C$50 (New Cannabis Ventures)

// South Carolina Senator Threatens To Block ‘Every Single Other Bill’ If Medical Marijuana Doesn’t Get A Vote (Marijuana Moment)

// Green Thumb poised to build out $50 million cannabis facility in New York (Marijuana Business Daily)

// Denver discusses permanently allowing drive-thru walk-up dispensary sales (Denver Channel 7 ABC)

// States Keep Repeating the Same Mistake With Marijuana Legalization (Slate)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

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Photo: CPG Grey/Flickr