The latest litigation is against the Texas Health and Human Services Commission’s interim executive director Stephanie Muth and interim commissioner Imelda Garcia.
HHSC told KXAN Tuesday afternoon that it does not comment on pending litigation.
MJ Biz Reports
A hemp group and manufacturer oppose rules that count THCA against the legal THC limit and add tougher testing, labeling and fee mandates.
A lawsuit filed Monday alleges the Texas Department of State Health Services exceeded its legal authority by adopting new hemp rules that took effect March 31.
Plaintiffs Texas Hemp Constitutional Alliance and hemp company Green Nation argue the rules effectively ban certain hemp products and impose testing, labeling and licensing requirements that go beyond state law, according to KXAN.
The lawsuit could have significant implications for Texas’ hemp-derived cannabinoid industry, a market estimated at $5.5 billion in 2025.
What is at the center of the dispute?
The case centers on how Texas measures THC in finished hemp products.
Under the new regulations, DSHS includes THCA when calculating total delta-9 THC concentrations in consumable hemp products.
THCA, a compound found in raw cannabis, is not intoxicating in its natural form but converts to delta-9 THC when heated.
Texas law defines hemp as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis. State law also requires testing before harvest that accounts for THCA.
The plaintiffs argue that DSHS exceeded its authority by extending THCA calculations to finished consumable hemp products, effectively changing which products can legally be sold.
What does the change mean for hemp products?
Under the new rules, THCA must be considered during testing before manufacturing and retail sale, potentially making previously compliant hemp products illegal, according to KXAN.
For example, hemp flower containing low levels of delta-9 THC but high levels of THCA could exceed the legal limit, preventing retailers and manufacturers from selling it.
The Texas State Law Library notes the rule effectively prohibits most smokable consumable hemp products.
The restrictions have faced other legal challenges. In a separate case brought by the Texas Hemp Business Council, the Texas Fifteenth Court of Appeals lifted a temporary stay June 5, allowing the THCA rule to remain in effect while litigation continues.
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