AUSTIN, Texas — A Travis County judge is set to hear arguments today that could temporarily change what hemp products Texas stores can sell and what consumers can buy, as hemp businesses seek to pause part of the state’s new THC enforcement while their lawsuit moves forward.
The businesses argue the state is using an undefined “trace amount” standard and say the state cannot enforce that without going through the formal rulemaking process.
The Texas Department of State Health Services takes a different position, saying the Texas Supreme Court confirmed delta-8 is a controlled substance and that only naturally occurring trace amounts are allowed.
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The state-court case follows changes to Texas hemp rules that took effect July 31. CBS Austin spoke with a hemp industry representative about the impact he says the rules could have.
“There’s going to be widespread, irreparable damage done to an 11 billion dollar-a-year industry,” said Mark Bordas of the Texas Hemp Business Council.
A timeline of the case includes:
July 31: The state’s new THC enforcement standard took effect.Aug. 19: Texas hemp businesses filed the lawsuit.Thursday: A hearing was delayed so the state could respond.Today: A judge will hear the request to temporarily pause part of the enforcement.
Since July 31, the state has treated delta-8, delta-10, THCP, THCA flower, and other synthetic THC forms as Schedule I controlled substances. The enforcement changes do not ban every THC product. Some delta-9 hemp products can still be sold if delta-9 THC makes up no more than 0.3% of the product.
The hearing is scheduled to start online at 3 p.m. today. Any decision would not be the final ruling in the case.