Monday morning the 261st district judge in Travis county denied the plaintiff, Sky Marketing, a temporary restraining order on the issue of delta-8.
The district judge, Gary D. Harger, decided against issuing a TRO against DSHS or the state on the matter on the basis that the plaintiff has not met the requirements of a temporary restraining order. Hometown Hero announced shorting after 11 a.m. on their YouTube channel about the update as well. In the video owner notes that Sky Marketing is DBA (doing business as) Hometown Hero.
Owner and founder Lukas Gilkey noted in the video as well, “As a result, we will not be selling Delta-8 products and we’re marking them as out of stock on our website until further notice.”
The judgment read, “Based upon the pleadings and arguments of Council, the court finds the plaintiff has not met the requirements of a temporary restraining order. It is therefore ordered that the application for temporary restraining order is denied.”
Andrea Steel, a cannabis attorney in the state of Texas, noted to TCC “This case is about the rule of law and calling for the state to follow it. Every business in every industry should be concerned about a regulatory agency modifying law without following its own legally mandated procedures, and doing so in a manner that turned law-abiding businesses and consumers into potential felons without their knowledge.”
Steel then points out that the sheer amount of immediate uproar in the industry since DSHS updated its website last Friday makes clear the lack of transparency that took place. Practically no one in the industry knew what happened until after the fact, and several thousand didn’t know until last week.
“The good actors in the industry are not opposed to – and in fact invite – appropriate regulation that protects businesses and consumers. All or none approaches don’t serve anyone and instead cause more harm. This blossoming industry is creating jobs, bringing in tax revenue, and provided people with access to products that improve their daily lives,” Steel pointed out in her conversation.
Steel wrapped up saying that this is a just a snapshot of the negative trickle-down effect happening in the hemp industry nationwide federally as we continue to sit and wait for the FDA to issue regulations regarding CBD and other consumable hemp-derived cannabinoids. Confusion abounds.
A temporary injunction hearing has been set for Nov 5 at 9:00 A.M.
To stay updated, visit our subscribe page by clicking here.