Hemp alliance and manufacturer sue DSHS over hemp product rules

Who's involved

• Texas Hemp Constitutional Allianceplaintiff
• Green Nationplaintiff
• Stephanie Muthinterim executive director of HHSC, named defendant
• Imelda Garciainterim commissioner of HHSC, named defendant
• Texas Department of State Health Servicesagency that issued rules being challenged

The facts

• DSHS rules banning consumable hemp products with detectable amounts of certain cannabis compounds took effect March 31.^{1 2} Stated by 2 sources
• Texas allows delta-9 THC in hemp products at certain concentrations.¹
• THCA converts to delta-9 THC when heated.^{1 2} Stated by 2 sources
• State law already limits THCA concentration in hemp and mandates pre-harvest testing.^{1 2} Stated by 2 sources
• Plaintiffs seek an injunction to block the rules.²

Who said what

These are statements and claims made by the people involved. They are reported, not verified.

• Texas Hemp Constitutional Alliance and Green Nation DSHS rules exceed and contradict statutes under which DSHS purports to regulate.^{1 2}
• Texas Hemp Constitutional Alliance and Green Nation DSHS unilaterally did what Texas lawmakers refused to do: impose general ban on consumable hemp products.^{1 2}
• Texas Hemp Constitutional Alliance and Green Nation DSHS testing requirements are not present in state law.^{1 2}
• Texas Hemp Constitutional Alliance and Green Nation Increased fees are untethered to actual program costs but aim to drive businesses from market.²