Hemp business owners, joined by Lt. Gov.-elect Vikki Goodwin, gathered outside the Travis County Civil Courthouse on Monday. The owners accuse the Department of State Health Services of government overreach. They say the state's regulations are hurting an industry that employs tens of thousands of people across Texas. A similar lawsuit was filed in the Texas 15th Court of Appeals, which is expected to hear oral arguments on Dec. 8.
Goodwin said during her campaign that she would direct DSHS to roll back its regulations and work with lawmakers on a legislative solution for THC. The rules were put in place after Gov. Greg Abbott vetoed a ban passed by the Legislature last session. Lt. Gov. Dan Patrick and Sen. Charles Perry of Lubbock pushed for that ban. Perry has said he plans to try again when the Legislature meets next year. In a July Senate committee hearing, Perry said, "States that regulate gain nothing."
Starting Dec. 11, products with more than 0.4 milligrams of THC per container will be banned under federal law. The rule closes a gap created by the 2018 farm bill, which defined hemp as containing less than 0.3% Delta-9 THC by weight. Dozens of states have responded by regulating or banning such products.