TEXAS — The hemp industry in Texas saw two different rulings on Friday over the future of THC and hemp in the Lone Star State.
The Texas Supreme Court ruled that state regulators may criminalize Delta-8 THC. The decision came from a case dating back to 2021, when the Department of State Health Services (DSHS) commissioner classified delta-8 as a controlled substance.
The state’s highest court said that DSHS has broad authority to regulate substances, reversing two lower court orders that blocked the controlled substance designation of Delta-8.
On the same day, Travis County Judge Daniella DeSeta Lyttle extended a temporary injunction allowing the sale of smokable hemp in the state.
The case was brought by hemp businesses and the Texas Hemp Business Council against new rules DSHS rolled out on March 31, which effectively banned smokable hemp. A Travis County judge put a temporary restraining order on the new rules in April, allowing businesses to continue to sell smokable hemp products pending a hearing.
Lyttle’s order extended that injunction on Friday, blocking DSHS from enforcing its new rules on THCA and Delta-9 until late July, when the final trial of the case is set. Lyttle also blocked other parts of the new rules, like transportation restrictions and higher fees for businesses.
The state is expected to appeal Lyttle’s ruling.
But the Texas Supreme Court’s decision could affect the future of the case in Travis County. The court’s ruling states that DSHS has the authority to regulate controlled substances.
The Texas Hemp Business Council said it is evaluating the Texas Supreme Court’s ruling to determine its potential impacts to its case against DSHS.