Texas Smokable Hemp Hearing Postponed to March
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Texas Smokable Hemp Hearing Postponed to March

The ban on smokable hemp remains lifted until the next hearing, scheduled for March 22.

January 19, 2021

The Texas smokable hemp ban has hit another roadblock. A hearing on the legality of the ban was initially scheduled for Feb. 1, but on Jan. 5, Judge Lora Livingston of the Travis County District Court postponed the hearing to March.

Susan Hays, an attorney working on the case, said in an email to Hemp Grower that the “trial was postponed to allow more time for pre-trial briefing and perhaps a motion for summary judgment,” noting that it is very common for a first trial setting to get pushed back.

In August 2020, the Texas Department of State Health Services (DSHS) launched its Consumable Hemp Program, which included regulations that prohibited the manufacturing, processing, distribution and retail sale of smokable hemp products in Texas.

The program went into effect on Aug. 2, 2020, but days after, several companies filed a lawsuit to overturn the state’s ban on smokable hemp products. In late August, Judge Livingston temporarily lifted the ban until a later hearing in September 2020.

After the hearing, the temporary restraining order turned into a temporary injunction.

“The appeal of the temporary injunction is fully briefed and pending at the Austin Court of Appeals,” Hays says. 

The temporary injunction prevents the state from enforcing any DSHS bans on smokable hemp products until the case goes to trial in March.