Texas DSHS Hemp Rules Face Lawsuits
Texas DSHS's proposed hemp rules banning THCa flower and hiking fees prompted lawsuits from industry players like Hometown Hero ATX.
Hometown Hero ATX and other hemp businesses filed suit to block the regulations, arguing they exceed the DSHS's authority and would devastate the Texas hemp industry. The plaintiffs contend the proposed rules contradict the 2019 Texas law legalizing hemp, which defined it as cannabis containing less than 0.3% Delta-9 THC. The lawsuits also challenge the DSHS's attempt to ban THCa, the non-psychoactive precursor to Delta-9 THC, arguing it's not explicitly prohibited under state or federal law. If implemented, the ban on THCa flower could eliminate a significant portion of the Texas hemp market, impacting businesses and consumers alike. The proposed fee increases for hemp licenses are another point of contention in the lawsuits. Industry advocates argue the higher fees would create an undue financial burden, particularly for small businesses, and could force many to shut down.
