Since the passing of HB1325 last summer resulting in the legalization of hemp in Texas, one point has stood out to consumers – the proposed ban on manufacturing smokable hemp. In September, DSHS released retailer rules that included a blanket ban on hemp products including CBD vapes. This immediately through retailers into a state of limbo, given a very short period of time to remove these popular products from their shelves.
Dallas based cannabis attorney Chelsie Spencer, along with two other separate firms, stepped up to the plate to take DSHS to court citing the ban as too broad in overstepping the manufacturing only ban outlined in HB1325 as well as destructive to Texas based businesses.
After a month of court dates, Judge Laura Livingston handed down a temporary injunction against DSHS on Sept 18th which halts the smokable ban until the two sides can go to court (scheduled for Feb 2nd).
Although the Texas smokable ban was less stringent than other states such as Indiana, which sought to outlaw the consumption of hemp along with retailing, this injuction is a major win to the hemp industry. It also provides added protection to consumers who choose inhalation of hemp as the fastest delivery method.
For a detailed description of the entire lawsuit, visit the Texas Cannabis Collective.