Judge issues order blocking Texas' recently enacted ban on smokable hemp products

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PEXELS / MIGUEL ARCANJO SADDI
  • Pexels / Miguel Arcanjo Saddi
A Texas judge has blocked the state from enforcing its recent ban on smokable hemp until the resolution of a trial questioning whether the ban is legal.

Last week, Travis County Judge Lora Livingston ruled that four hemp producers who sued the state over its ban showed sufficient cause for her to issue a temporary injunction, Hemp Industry Daily reports.



Under the order, the Texas Department of State Health Services cannot enforce its prohibition of the production, processing, distribution or retail sale of hemp products intended for smoking.

TDSH initiated the ban August 2, and a quartet of hemp companies filed suit days later, questioning the ban's constitutionality and arguing it would cost them millions in sales and the state billions in potential tax revenue.



Livingston's ruling will remain in place until the trial is concluded, according to HID's report. The trial is currently set for February 1.

Texas legalized hemp in 2019 and this summer issued new rules licensing businesses to manufacture and sell hemp products such as oils and edibles. As part of those guidelines, the state enacted a ban on smokable products.

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