AUSTIN, Texas — A three-day court hearing starting Tuesday morning at the Travis County Courthouse will determine whether Texas hemp businesses can keep operating under a temporary pause of new state health rules that restrict smokable hemp products.

Texas hemp advocacy groups are seeking a temporary injunction to block rule changes from the Texas Department of State Health Services that took effect at the end of March. The changes ban the sale of smokable hemp products, require other hemp products to be sold in child-proof packaging, and significantly increase costs for manufacturers.

David Sergi, an attorney for the hemp advocacy groups with Sergi & Associates PC, said, “We are going to be here tomorrow to bring justice to Texas hemp.” Sergi said the dispute centers on how the state redefined THC limits and testing requirements.

“What we disagree with is cutting the heart out of the hemp industry by redefining what the appropriate amount of THC is and how it’s calculated,” he said.

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Some anti-commercial marijuana groups support the rule changes. Iman Lohrasbi, a state policy associate with Smart Approaches to Marijuana, said, “Obviously, I think these products, the smokable hemp products, should be banned…These are not good for people of the country, especially not in Texas either.”

Hemp advocacy groups argue the changes could effectively end the industry. They filed a lawsuit on April 9, and a temporary restraining order was later granted. The order applies to a new testing requirement that created a 0.3% THC threshold, which eliminated smokable products

“We’re doing this for not only the industry but also our clients and our customers,” Sergi said.

He also said he believes a judge will quickly grant a temporary injunction to continue suspending the rule changes, arguing, “The Department of Health acted ultra vires or beyond its authority in redefining how to classify hemp.”

The temporary restraining order remains in place until May 1, leaving uncertainty about enforcement after that date if a temporary injunction is not granted.

Ahead of Tuesday’s hearing, the Texas Department of State Health Services said it does not comment on active litigation.

Tuesday’s hearing is scheduled to begin at 9 a.m. If a temporary injunction is granted, the next step in the case would be an effort to permanently suspend the hemp rule changes.

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