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Texas retailers can keep various smokable hemp products on their shelves through late July, a Travis County judge ruled May 1.
The overiew: Judge Daniella DeSeta Lyttle’s ruling prohibits the Texas Department of State Health Services, which regulates and licenses consumable hemp businesses, from enforcing new THC testing requirements and sharply increasing licensing fees.
The hemp industry previously argued that the DSHS was overstepping its regulatory authority by changing how Texas classifies THC content. State officials have defended the reclassification and other rules as in line with a September executive order by Gov. Greg Abbott.
What it means: DeSeta Lyttle’s temporary injunction extends an earlier pause on the DSHS rules, which was issued April 10.
The pause applies to all consumable hemp businesses in Texas, allowing them to continue producing, manufacturing and selling smokable products until at least July 27, when a final court trial is scheduled. That could change if the state appeals the ruling to a higher court.
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