Support Local Journalism, Join the SA Current Press Club.

Court rules that smokeable hemp can be sold in Texas, as long as it's not produced inside the state 

click to enlarge Smokeable hemp, including flowers like these, are legal to sell in Texas under a new court ruling — just not legal to process here. - UNSPLASH / CANVASTSUPPLYCO
  • UnSplash / canvastsupplyco
  • Smokeable hemp, including flowers like these, are legal to sell in Texas under a new court ruling — just not legal to process here.
So much has been going on in Texas' court fights with municipalities over mask mandates, that it might have been easy to miss a significant legal turn about smokeable hemp in the state.

Last Thursday, a Texas appeals court handed down a mixed bag of a ruling that says regulators can't stop smokeable hemp products from being sold inside the state, online news site Marijuana Moment reports. However, under that ruling, Texas still can block those products from being manufactured here.

The upshot? Texans can buy smokable hemp flower and hemp-derived CBD vaping oils legally — so long as they're made somewhere else.

The ruling by three-judge Third District Court of Appeals is the latest step in a year-long legal fight between four Texas hemp marketers and the Texas Department of State Health Services, which last summer banned sale of smokeable hemp.

The Texas Legislature passed a law legalizing hemp in 2019, and while the language included a ban on processing hemp for smoking, it didn't specifically prohibit the marketing of smokeable products in the state.

“The Legislature required that the Department’s rules must reflect the principle that ‘the processing or manufacturing of a consumable hemp product for smoking is prohibited,’ but did not mention retail sale,” according to the recent court judgement obtained by Marijuana Moment. “Nevertheless, the Department adopted a rule that banned not only the processing and manufacturing of consumable hemp products for smoking, but also the distributing and retail sale of such products.”

Stay on top of cannabis news and views. Sign up for our Weed Wire Newsletter.

Support Local Journalism.
Join the San Antonio Current Press Club

Local journalism is information. Information is power. And we believe everyone deserves access to accurate independent coverage of their community and state. Our readers helped us continue this coverage in 2020, and we are so grateful for the support.

Help us keep this coverage going in 2021. Whether it's a one-time acknowledgement of this article or an ongoing membership pledge, your support goes to local-based reporting from our small but mighty team.

Join the San Antonio Press Club for as little as $5 a month.

Read the Digital Print Issue

October 20, 2021

View more issues


Join SA Current Newsletters

Sign Up Now

Subscribe now to get the latest news delivered right to your inbox.


© 2021 San Antonio Current

Website powered by Foundation