Smokable products, such as THCA flower, have been banned since March after the governor ordered state agencies to implement new rules for the consumable THC market.

DALLAS — In December, hemp industry advocates will be in court with the state for a hearing over the legality of smokable THC products, and increased licensing fees for manufacturers and retailers.

The hearing is scheduled for 9:30 a.m. Dec. 8 in the Fifteenth Court of Appeals, according to the Texas Hemp Business Council.  

Smokable products, such as THCA flower, have been banned since March after the governor ordered state agencies to implement new rules for the consumable THC market. 

The governor’s order tasked the Texas Department of State Health Services with introducing new testing requirements that banned the smokable flower, and the increasing fees for manufacturers and retailers.

The Texas Hemp Business Council filed suit over the new rules and got them halted temporarily. The state appealed, which restored the rules and sent the suit to the Fifteenth Court of Appeals.

The hemp industry argues in the suit that the state agency exercised power that belongs to the state’s Legislature, exceeding its authority.