By Rita Cook
Correspondent
Texas Metro News
AUSTIN – Just when you thought you knew the ins and outs of the Great Texas THC Debate, here we go again.
Someone give these guys a gummy.
Seriously, there are bigger fights to fight in this great state.
Recently three members of the Texas hemp industry took their fight against the state’s recent restrictions earlier this month on hemp-derived THC products to federal court. They are arguing that Texas has gone too far in trying to shut down a marketplace that was created under federal law.
Because, naturally, this couldn’t simply end at the Capitol.
Now we add the lawyers, then everyone needs a gummy.
The lawsuit was filed by two retailers and a distributor against state officials, including the Texas Department of State Health Services and Attorney General Ken Paxton.
The argument stems from the 2018 federal Farm Bill, which removed hemp from the federal definition of marijuana and legalized hemp and hemp-derived products that meet federal requirements.
Texas, meanwhile, has decided it would rather draw its own line in the sand.
Under the state’s new restrictions, a number of hemp-derived THC products—including popular products containing delta-8 and delta-10 THC—are prohibited.
But the hemp industry has said hold on a minute.
Their argument is that Texas cannot simply outlaw products that federal law permits. They are also arguing that the state’s restrictions interfere with interstate commerce and are preempted by federal law.
Let’s be clear too, we are not talking about a few guys selling gummies out of the back of a smoke shop. Texas has built a $5.5 billion hemp economy—and now Austin is trying to figure out what to do with it.
Keep in mind too, this is not a culture-war argument over gummies. It’s a multibillion-dollar Texas industry, tens of thousands of jobs and hundreds of millions in taxes.
That makes the lawsuit—and the Legislature’s decision to restrict the industry—considerably more consequential.
The plaintiffs aren’t just asking a judge to eventually rule in their favor. They are also seeking a temporary restraining order and preliminary injunction that would prevent the state from enforcing the ban while the case moves forward.
That means we could see another round of legal whiplash before this is over.
Earlier this year, the legality of smokeable hemp bounced back and forth through the courts, with temporary bans, injunctions and appeals leaving retailers and consumers trying to figure out what they could legally sell or buy from one week to the next.
Meanwhile, lawmakers have been struggling with the larger question of what to do with an industry that didn’t exactly disappear just because politicians wished it would.
There are legitimate arguments on both sides.
Texas has every right to be concerned about products that contain intoxicating amounts of THC, particularly when they are sold in colorful packaging and can be easily confused with ordinary consumer products.
But there is another legitimate question:
If the federal government created a legal marketplace for hemp, how far can Texas go in shutting that marketplace down?
That is no longer just a political question.
Now it is a question for a federal judge. Stay tuned. The lawyers aren’t finished yet.
Rita Cook is a world traveler and writer/editor who specializes in writing on travel, auto, crime and politics. A correspondent for Texas Metro News, she has published 11 books and has also produced low-budget films.
