Judge Rejects Emergency Request, Texas THC Ban Remains in Place

Federal Judge Jeffrey Brown in Galveston turned down an emergency motion for a temporary restraining order filed by two hemp retailers and a distributor, keeping Texas's ban on most hemp-derived THC products in effect. The court said the plaintiffs had not demonstrated the kind of immediate, irreparable injury required for such emergency relief. Their broader lawsuit claims the ban violates the 2018 federal farm bill and imposes an unconstitutional burden on interstate trade, especially given Texas's role as a major freight corridor.

State officials argue there is no imminent threat of enforcement, raising questions about the ban's purpose. The prohibition, reinstated after a Texas Supreme Court decision, reclassifies delta-8, delta-10, THCP and THCA as Schedule I drugs, with possession punishable by up to two years in prison and fines up to $10,000. Delta-9 THC under 0.3% remains legal, but the ban could force removal of more than half of THC products from Texas shelves.