Several groups have filed a case against the state of Texas. This is taking place just days after Texas DSHS placed a ban on the retail sale of smokable hemp products.
The ban did not prevent retailers from selling hemp flower at retail locations in person or online but would require all products to be marketed for purposes other than smoking.
Matthew Zorn at Yetter Coleman, LLP is the lead litigator on the case. Chelsie Spencer of Ritter Spencer PLLC is also on the case and her client, Crown Distributing, LLC, is a plaintiff. Susan Hays, Law Office of Susan Hays PC will be representing Custom Botanical Dispensary, LLC which is located on East 5th in Austin and 1937 Apothecary, LLC, which is a brand which creates its own flower blends. Both Custom Botanical Dispensary and 1937 Apothecary are owned by Sarah Kerver.
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The case was filed in the Travis County District Court. If any appeals take place the case will then go to the Court of Appeals which is also in Austin, and then the Texas Supreme Court.
DSHS (Department of State Health Services) and the Commissioner of the Texas DSHS are the defendants in the case.
The injunction requests for the court to declare the smokable manufacturing and processing ban (Texas Health & Safety Code § 443.204(4)/Texas Agriculture Code § 122.301(b)) unconstitutional along with the regulatory ban on manufacturing, processing, distribution and retail sale (25 Tex. Admin. Code § 300.104) as invalid. The initial filing is asking for a temporary restraining order and temporary injunction against enforcing the statutes and rules pending trial. Once in the trial, the plaintiffs will be seeking a permanent injunction.
TCC reached out to Chelsie Spencer of Ritter Spencer who noted that Texas is just stifling its own hemp industry instead of encouraging it.
“There is no question the ban hurts Texas businesses. We have already seen businesses and jobs forced out of Texas. I spent most of my day yesterday listening to stories of smokable hemp distributors who lost their entire business in one day, businesses who have long enjoyed the economic freedoms afforded to Texans who are now forced out of their home state, and shops who know they will be shuttering their doors without the revenue from smokable hemp products,” Spencer said.
Susan Hays told TCC that it is advised that parties interested are to watch this space closely.
“Court rulings may change. It is recommended that one get reliable advice on best practices for you or your business. And if you are possessing hemp always have documentation at hand that it is in fact hemp,” stated Hays.
Hays also stated that a website with a donation portal will be launched in a few days. Meanwhile, people can donate through the Texas Hemp Growers GoFundMe.
Hays also told TCC, “Now is the time for the Texas hemp community to band together and fight for reasonable regulation. We have formed the Texas Hemp Legal Defense Fund to facilitate pooling funds to support this lawsuit and other legal efforts.”
| All funds from the THG Go Fund Me are being donated to the THLDF account under a memorandum of understanding. |