Texas regulators can once again enforce state restrictions on smokable hemp products after an appeals court lifted a lower court's pause on the rules while a legal challenge proceeds.
The ruling by the 15th Court of Appeals reinstates enforcement of the state's hemp regulations, including a ban on smokable hemp products, reversing a temporary halt ordered by a Travis County district judge on May 1.
The lower court's order had prevented the state from enforcing the rules as litigation moved forward. However, the appeals court determined that enforcement may continue while the case is considered.
The lawsuit was filed by the Texas Hemp Business Council, which argues that portions of the regulations are unlawful and would significantly impact hemp businesses operating in the state.
Among those challenging the rules is Hometown Hero CBD owner Lukas Gilkey, a member of the Texas Hemp Business Council.
A trial on the merits of the case is scheduled to begin July 27 in Travis County. Until then, state officials may continue enforcing the hemp regulations while the legal dispute plays out in court.
The case is the latest development in an ongoing battle between Texas regulators and the hemp industry over the sale and distribution of hemp-derived products following the state's legalization of hemp production in 2019.
