Texas Supreme Court upholds ban on making smokable hemp products | Brave Business
Texas Supreme Court upholds ban on making smokable hemp products
Due to the decision, two businesses are required to relocate their smokable hemp division from Dallas to an Oklahoma facility.
Texas's AUSTIN (CN) — The Texas Supreme Court declared on Friday that there is no vested right to engage in this line of business because Texas' prohibition on the production of smokable hemp products is consistent with the state's lengthy history of regulating cannabis.
Hemp has a long history in America dating back to the Founders. At his grounds in Mount Vernon, Virginia, George Washington raised vast quantities of it and repaired his fishing nets with its fibres.
From it, colonists produced a wide range of commodities, including rope, clothes, and ship sails.
But in the 20th century, the federal government and American states implemented laws outlawing the use of marijuana in an effort to combat its rising popularity. Marijuana is made up of the flowers of hemp plants that contain the psychoactive component THC.
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The cannabis plant is the source of both marijuana and hemp. The laws of the 20th century distinguished between the two, identifying hemp as the mature stalks of the plant and exempting it from the prohibition.However, the Controlled Substances Act, which President Richard Nixon signed in 1970, effectively outlawed the manufacturing of hemp because it forbade any material containing THC, regardless of whether it was regarded as marijuana or hemp.
The Agricultural Improvement Act, popularly known as the Farm Bill, was passed by Congress in 2018, bringing hemp full circle.
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The Farm Bill permits farmers to produce hemp and distinguishes it from marijuana by the latter's low THC content.
Additionally, it permitted their unrestricted sale and possession as well as the cross-state commercial transportation of hemp-based products. However, it also gives states the freedom to create their own hemp regulation plans.
The Texas Legislature adopted HB 1325 in 2019, following the federal government's example and allowing for the licenced production of hemp while prohibiting municipal governments from regulating the sector.
The Farm Bill made it easier for businesses to make things with CBD, a chemical byproduct of the cannabis plant that doesn't have the same high-inducing properties as marijuana.
According to reports, CBD has a wide range of health advantages, including relief from seizures, pain, anxiety, melancholy, and insomnia. Currently, American businesses use CBD in a variety of goods, including tinctures, lotions, chocolate bars, sweets, chapsticks, bath bombs, and oils for people, dogs, and cats.
Vape cartridges and smoking tubes resembling cigarettes are two of the most well-liked ways to consume hemp products containing CBD.
However, Texas' legislation mandated that a rule prohibiting the production, processing, distribution, or retail sale of consumable hemp products for smoking be adopted by the state's department of health and human services by August 2020.
Four businesses quickly filed lawsuits, led by Dallas-based affiliates Crown Distributing LLC and America Juice Co., the producers of Hempettes, which are marketed as "the first cigarette-styled CBD pre-roll in the world" and sold under their Wild Hemp brand in packaging identical to cigarette packs.
A state district court in Austin delivered a final decision last November finding the statute unlawful and preventing the execution of the rule banning the manufacturing and sale of smokable hemp products after temporarily halting it with an injunction.
The Texas Supreme Court heard arguments in March after the state of Texas filed an appeal.
The state's counsel contended that Texas' interest in shielding citizens from health problems brought on by smoke inhalation justifies the ban.
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Constance Pfeiffer, an attorney with the Houston law firm Yetter Coleman, argued on behalf of Crown Distributing and America Juice Co. that the ban is absurd given that the Dallas-based plaintiffs only needed to relocate some of their operations to Oklahoma "where they can lawfully manufacture and process hemp and ship it right back into Texas."Source : https://www.courthousenews.com/texas-supreme-court-upholds-ban-on-making-smokable-hemp-products/
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