Floweret MD

Texas Appeals court rules on smokable hemp retail ban, still reviewing manufacture


Today the Texas Court of Appeals overturned the Texas Department of State Health Services policy decision to ban the retail sale and distribution of smokable hemp products.

Four Texas companies took to the courts for remedy to overturn the ban, warning it would shut Texas companies out of a massive industry and possibly lead to inaccurately labeled products on store shelves.

For over a year these companies have been pursuing a decision on these issue.

Justice Melissa Goodwin issued the following Opinion:

“We reverse that portion of the trial court’s temporary injunction order insofar as it enjoins the enforcement of rule 300.104’s bans on manufacturing and processing of consumable hemp products for smoking and enjoins assessing any fines or otherwise penalizing any entity or person in any way from violating those bans.”

With the portion of the suit covering the manufacture of smokable hemp products, the temporary injunction was overturned due to a technical issue with wording, not the merits of the case. The attorneys involved now have further work to be done for it to proceed. Austin court of appeals ruled on the temporary injunction. A permanent injunction is still under consideration for the manufacture ban.

You can read the judgement, memorandum opinion, and emergency motion provided by FIT.



Jesse Williams is a retired Navy veteran with a background in nuclear power propulsion plants, graphic design, and mass communications. When not writing articles for Texas Cannabis Collective or EducatingTexans.org he enjoys time with his wife and son in SW Austin. He is an alumnus of NNPTC, NPTU, Austin Community College and Texas State University.



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