Smokable Hemp Products Prohibition Upheld By Texas Supreme Court

Texas’ ban on the manufacture and processing of smokable hemp will stand, after the state supreme court ruled Friday that the Texas Constitution’s due course clause doesn’t protect hemp companies’ interests.

Crown Distributing LLC, America Juice Co. LLC, Custom Botanical Dispensary LLC, and 1937 Apothecary LLC sued the Texas Department of State Health Services, arguing the ban on producing smokable hemp was overly burdensome and not justified by DSHS’s claims that it could harm consumers.

In 2019 Texas generally authorized the cultivation, manufacture, and sale of low-THC hemp and hemp-containing products in the state. But it prohibited the manufacturing or ...