On Jan 5, 2021, Travis County District Court Judge Livingston rescheduled the smokable hemp ban hearing back to March 22, 2021.
Originally the hearing was set for Feb 1, 2021. Honorable Judge Livingston of the Travis County District Court ruled back in September on the smokable hemp ban. The temporary restraining order was turned into a temporary injunction.
Texas Cannabis Collective spoke with Susan Hays, who is an attorney working on the case, about why this happened.
“Typical litigation scheduling. First trial date hardly ever holds.”
In regards to dates being pushed back due to a party requesting more time to collect evidence, Hays told TCC that’s a common reason.
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Judge Livingston stated in the ruling that the “Plaintiffs’ Petition and the evidence and other material submitted with the Application and Petition and hearing, and considering the evidence presented and admitted at the temporary injunction hearing on September 14, 2020, the Court GRANTS-IN-PART and DENIES-IN-PART Plaintiffs’ Application.“
The state claimed HB1325 implied a retail ban, was not substantiated. The ban on the retail smokable hemp is currently lifted in the same format as the TRO issue before.
“Therefore, the Defendants in this matter are temporarily enjoined from enforcing 25 Tex. Admin. Code § 300.104 (“the Rule”), assessing any fines from violation of the Rule, or otherwise penalizing any entity in any way from violating the Rule.”
The Court found that the shops and manufacturers bringing suit have met their burden to demonstrate that they have been injured or will be injured due to DSHS’s adoption and enforcement of the rule. The court also found that DSHS’s actions are causing damage to these businesses, including immediate and irreparable injuries such as revenue loss or costs incurred by not being able to manufacture, process,
distribute or sell smokable hemp products. The plaintiffs cannot be adequately compensated in damages because there is no monetary relief that can be obtained from DSHS.
Livingston stated in the ruling, “IT IS FURTHER ORDERED, ADJUDGED, and DECREED that any request for temporary injunction beyond what was restrained in the Court’s Temporary Restraining Order entered in this matter on August 20, 2020 is DENIED. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that this Order shall remain in effect until conclusion of trial in this matter, which shall be set on February 1, 2021.”
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This means that it will still be against the law to manufacture products in the state of Texas, but the sales ban will be unenforceable.
The State of Texas will continue to trial in February 2021. This will be after Texas starts the 87th legislative session. The injunction placed today would last until the next hearing. Lawmakers may have a chance to clarify this in legislative session before a final ruling is given.
Previously, DSHS equated the ban on the manufacture of smokable hemp products in HB 1325 to a ban on the sale. He asserted it was the intent of that bill. Eldred implied that HB 1325 grants this and DSHS is only making it explicitly known.
The issue the state had taken with smoeable hemp was officer observation issues. Eldred made this clear during the September 14th hearing on the enacted ban.
Eldred stated previously, “If they smoke a joint of hemp on the street then cops can’t arrest people smoking marijuana on the streets.”
Those interested in the case outside of the hearing can visit The Texas Hemp Legal Defense Fund at https://www.txhempfund.com/
As well, be sure to subscribe at https://txcannaco.com/subscribe/