Texas Hemp Companies File Federal Suit Over State Ban on Synthetic THC Products

Two hemp retailers and a distributor have sued Texas officials in federal court, claiming the state's prohibition of most hemp-derived THC products breaches the 2018 Farm Bill.

Three hemp-industry participants—a pair of retailers and a distributor—have brought a federal lawsuit against the Texas Department of State Health Services, Attorney General Ken Paxton, and Galveston County’s criminal district attorney and sheriff, alleging that the state's recent classification of most hemp-derived THC as a Schedule I substance violates the 2018 Farm Bill’s interstate commerce safeguards. Filed in the Southern District of Texas, the complaint contends that the ban on products like delta-8, delta-10, THCP and THCA flower fails to distinguish lawful hemp from illegal marijuana and imposes an unconstitutional trade barrier.

The plaintiffs request a temporary restraining order and a preliminary injunction to halt the ban’s enforcement. Lead counsel Andrea Steel said the multibillion-dollar industry has operated under a legal framework for over seven years, and the new classification treats these products like heroin. Prompted by a Texas Supreme Court decision, the ban leaves only low-dose delta-9 THC legal, risking the removal of most THC products from store shelves.