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Travis County Judge Temporarily Blocks Texas Ban On Smokable Hemp Products

Custom Botanical Dispensary in downtown Austin.
Gabriel C. Pérez
Custom Botanical Dispensary, a downtown Austin shop that carries hemp products and oils, is one of four plaintiffs suing the state for banning the sale of smokable hemp.

A judge in Travis County has issued a temporary restraining order against a state ban on "smokable" hemp products while a lawsuit against the ban proceeds.

“We applaud the judge’s decision,” Zachary Maxwell, president of Texas Hemp Growers, said in a press release. “While today’s ruling is not a concrete declaration that the state overstepped its boundaries, it does reinforce the idea that manufacturing, processing and selling smokable hemp products in Texas was perfectly legal prior to the enactment of the rule on Aug. 2.”

The state passed legislation last year that legalized the production, manufacture, distribution and sale of hemp. The Texas Department of State Health Services issued the ban on smokable hemp products – like pre-rolls and vape cartridges – at the beginning of August as part of the ensuing Consumable Hemp Program.

Soon after, a group of companies sued the state, calling the ban unconstitutional and unenforceable.

“Not only do these products serve a vital role in the revenue stream of CBD shops, but they are critical to the health and wellbeing of many consumers,” Maxwell said. “Unfortunately, this whole scenario could be avoided if the department would listen to the more than 1,700 comments received earlier this summer against the ban.”

An injunction hearing is scheduled for Sept. 2, at which time both sides will present arguments for and against the temporary injunction.

Got a tip? Email Jerry Quijano at Follow him on Twitter @jerryquijano.

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Jerry Quijano is the local All Things Considered anchor for KUT. Got a tip? Email him at Follow him on Twitter @jerryquijano.
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