Week of 6/25/2022 Cannabis News: SCOTX upholds smokable hemp ban, Killeen weighs decrim measure legality, TOCC opens permanent pick up location

This week in review the Texas Supreme Court has upheld the manufacture and processing ban on smokable hemp products while upholding the distribution and sales ban injunction put in place by lower courts. Killeen weighs on the legality of having a decriminalization measure on the ballot in the upcoming election cycle. Texas Original Compassionate Cultivation has opened a permanent pick up location for prescriptions in Houston, Texas. Audio player included below for those on the go.

This week in cannabis news the Texas Supreme Court unanimously decided to uphold the ban on manufacturing and processing of smokable hemp products. The court decided to uphold the injunction on retail sales and distribution of said products though. Meaning that smokable products such as pre-rolls and hempettes created outside of Texas can still be sold and distributed in Texas. 

Advocates have started questioning what this means, as some believe that it means the sell of hemp flower has now been banned, and some believe that manufacturing of hemp products that could be smokable are also banned. Manufacturing of hemp flower is not banned under the decision. Manufacturing a product that will be sold under the notion that it is for smoking is banned though.

Susan Hays, an attorney on the case and candidate running for the position of Texas Agriculture Commissioner in the upcoming election, told Texas Cannabis Collective, “This is what happens when you have state leaders who don’t understand the plant or the cannabis business.  Elections have consequences.  We must get people in office who will advocate for cannabis — and know what they are talking about.  In addition to the Ag Commission, we need a Governor and a Lieutenant Governor who get it.”

Chelsie Spencer of the law firm Ritter Spencer noted online, ”We are profoundly disappointed in this decision and disheartened by the continued stigma surrounding cannabis. It is telling when the Court insinuates that cannabis is “inherently vicious and harmful.”

A positive note out of the decision is that the court recognized that there are medical benefits to THC. The court stated in the decision, “The Cannabis sativa L. plant also produces another cannabinoid called Delta-9 tetrahydrocannabidiol, commonly referred to as THC. THC may also provide relief for certain ailments, including nausea, spasms, appetite loss, and neuropathic pain.“

This will likely have bearing on the delta-8 case taking place in Texas. The current delta-8 case covers the notion that the meeting conducted was not done in accordance with the procedures to do so in Texas. From there expanding that if the meeting was done correctly, how did the meeting dismiss any medical benefit in the short time the meeting had when conducted. The highest court noting the medical benefits in a current court decision raises the bar the state has in trying to reschedule cannabis in the future as inherently vicious and harmful. 

Killeen citizens have been questioning the legality of the cannabis decriminalization measure taking place. The town completed the ballot initiative to put the question on the ballot, and city council must weigh in. Some of which are obviously on board, while there are residents wanting attorneys to weigh in. 

Three city council members in Killeen have signed on to the petition. When asked by the Killeen Daily Herald, Council Member Wilkerson said that he signed the petition as a “citizen” and not as a council member.

“That’s all you can sign it as, as a citizen,” Wilkerson said, “If it goes to the ballot, I’m not opposed to that.”  

When asked if it would go against the oath that council members need to uphold the state laws and constitution, Wilkerson quickly responded: “How are you supposed to change state laws and the constitution then?”

In the report, an attorney from Texas A&M weighed in on the topic noting that the scheduling of the drug is something the federal government cannot compel states and local governments to enforce. 

“The state could get upset and make noises. They could threaten to withhold state funds and a few other things like that but those are political and have political cost. If the people in Killeen actually want legalization then the governor is not going to come in and stir things up,” Frank Snyder, an attorney and professor at Texas A&M said.

Keith Sledd, executive director of the Heart of Texas Defense Alliance in Killeen, ended a presentation in Copperas Cove on Tuesday saying that he expects the decriminalization petitions will not be viewed favorably by the Department of Defense.

Texas Original Compassionate Cultivation has opened Houston’s First Permanent Medical Cannabis Pickup Location. The 1,776 square-foot facility is conveniently located in the Heights neighborhood at 1714 Houston Avenue. Texas Original’s Houston Avenue location will operate Tuesday through Saturday from 11:00 a.m. to 6:00 p.m.

“This is a monumental step forward for medical cannabis access in Houston and across the state of Texas. Patients in one of the most populated cities in the country can now locally pick up their life-changing medication five days a week,” said Morris Denton, CEO of Texas Original. “Reliable and convenient access to medicine is what all patients deserve—we’re proud to deliver on that promise for Houstonians.”

If you, a loved one, or someone you know thinks they may qualify for medical cannabis in Texas, visit TXVETCO.org. Veterans now have an opportunity as well to get their initial prescription appointment free of charge from Thrive, and everyone (not just veterans) has an opportunity for a discount on appointments as well. More information on how to access these benefits in Texas, visit txvetco.org 

That is it for this week in cannabis news review here at the Texas Cannabis Collective. Be sure to subscribe to our newsletter. And search for Lonestar Collective Podcast in your search engine to get updates about our show and weekly news. Have a safe week Texas and stay hydrated to beat the heat.