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Texas Judge Pauses New Rules Banning Hemp Products Like Smokable THCA Flower Amid Legal Challenge From Industry

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A Texas judge has issued a temporary restraining order preventing the new state from being enforced Regulations restricting access to hemp-derived products such as THCA combustible flower.

Friday’s ruling comes in a lawsuit filed by a coalition of hemp industry leaders and advocacy organizations that effectively outlawed the state’s Department of State Health Services (DSHS) and Health and Human Services Commission (HHSC). ban the sale and manufacture of certain hemp consumable products.

Guerra Gamble Travis County District Court’s order suspends restrictions on hemp products for 14 days while the broader legal case is reviewed.

“This case is based on a constitutional separation of powers issue,” Jason Snell, an attorney for the Texas Hemp Business Council (THBC) and the Hemp Industry & Farmers of America (HIFA), said at a hearing Friday, calling the new restrictions imposed by regulators “illegal rules.”

“Here we are today, with regulators trying to do what lawmakers couldn’t and didn’t do, and that’s illegal,” he said. “What the legislature refuses to decide cannot be imposed by rulemaking. Rulemakers cannot exceed their authority and impose rules that are more restrictive than those enacted by the legislature.”

“Thousands of people lose their products, their lifetime investments, their businesses, their jobs, everything they put their heart and soul into,” Snell said. “They are already disappearing and may disappear forever unless this illegal regulatory framework is stopped.”

Zachary Berg, the state’s attorney, suggested at the hearing that the new rules are needed to comply with a federal law that is set to redefine legal marijuana under a restrictive new definition that will begin in November.

Under state law passed by the legislature and governor in 2019, the suit says cannabis products are legal if they contain no more than 0.3 percent delta-9 THC. But regulators at DSHS and HHSC recently approved a “total delta-9 THC” limit using a post-decarboxylation formula that includes tetrahydrocannabinolic acid (THCA) in the calculation.

Texas lawmakers passed legislation to severely restrict hemp products in the 2025 session, but Gov. Greg Abbott (R) vetoed it and did not make it into law.

The hemp industry lawsuit, which also lists Attorney General Ken Paxton (R) as a defendant, also calls into question large increases in business license fees that were approved by regulators. Under the new rules, the cost of a manufacturer’s license increased from $250 to $10,000 per facility, while the retailer registration fee increased from $150 to $5,000 per location.

On Friday, the judge did not order the removal of the new fees, however.

“These measures do not impose the policy choices of the Legislature; they supersede them,” the industry complaint says. “And they do so against the backdrop of a constitutional legislative process that ran its entire course — from the legislative passage of Senate Bill 3 to the governor’s veto, two failed special sessions — and produced an ambiguous result: no new law. Texas law does not allow agencies to override that result through rulemaking.”

“Texas has long promoted itself as a national leader in economic growth and regulatory stability. It is a state committed to fostering innovation, supporting legitimate businesses, and maintaining a predictable legal environment in which businesses can operate and invest,” he says. “Consistent with this vision, Texas has chosen to authorize and regulate the manufacture, distribution and sale of consumer hemp products (“CHP”) through a comprehensive statutory framework enacted by the Legislature in 2019.

“Plaintiffs acknowledge this framework and the State’s interest in ensuring that CHPs are produced and sold in a safe, responsible and lawful manner,” the lawsuit states.

In addition to an immediate temporary restraining order to block enforcement of the new rules, the plaintiffs are seeking a temporary and permanent injunctive relief. A hearing on the preliminary injunction request is scheduled for April 23.

Separately, Texas officials recently conditionally approved more new medical marijuana business licenses As part of a law being implemented to significantly expand the state’s cannabis program.

In the last month, Texas voters approved a question to legalize marijuana that showed up in the state’s Democratic primary voting.

A statewide survey released in February found that Texas voters don’t like how state leaders and lawmakers have handled marijuana and THC policy issues. In the poll, many voters (40 percent) said they disapprove of how their elected officials have approached the issue, according to the poll. 29 percent said they approve of how cannabis issues have been handled, while 31 percent said they had no opinion either way.

A separate survey released last year proved this A large number of Texas voters want the state’s marijuana laws to be “less stringent.” And among the issues examined by members of parliament in the last special sessions, the voters said that a proposal to deal with the regulation of hemp was one of the least important.

Meanwhile, the lieutenant governor and speaker of the House recently announced that the state will continue with their own ibogaine research program The drug companies did not submit proposals to meet the requirements and standards for receiving state funds under a recently passed law to begin clinical trials with the psychedelic.

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Cannabis growth facility eyes new spot for growth facility near Crisfield

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The Somerset County Board of Zoning Appeals approved another special exception for a cannabis-growing facility after negotiations to purchase a previous location failed to reach an agreement.

Trilogy Group LLC was granted a license to grow by the Maryland Cannabis Association, with the condition that the business be operational by July 2026. Trilogy Group wants to operate on the county-owned, undeveloped industrial site on Revell’s Neck Road in Westover. However, this project time frame does not coincide with the license term.

In September 2025, the producer was approved for a special exception for a facility at 4630 Crisfield Highway. The existing building houses Jed’s Auto Refinishing, which would be renovated to accommodate the growing operations. When the sale of that property ultimately failed, Trilogy Group purchased the land at 4381 Crisfield Highway and obtained another special exemption.

Jesse Drewer, Somerset’s Director of Technical and Community Services, said: “They looked for a site they already owned before coming to us and working through the process. “They are landlords and developers all in one.”

Read more at WBOC










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Trump’s New Surgeon General Pick Said Using Marijuana Can Give You ‘Man Boobs’

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President Donald Trump’s new surgeon general nominee has raised concerns about marijuana, at one point saying its use is linked to the development of large breasts, or “man boobs,” in men. However, he also admitted that medical cannabis has “potential benefits”.

Trump announced Thursday that he would tap Nicole Saphier, who is now the director of breast imaging at Memorial Sloan Kettering, to be the surgeon general of the United States.

Saphier has repeatedly discussed what he sees as the dangers of marijuana use, and has been more open to the potential benefits of its non-intoxicating ingredient CBD.

“There is a common misconception that marijuana is safer than alcohol and other drugs,” he wrote on Fox News in 2019. “As a doctor I know that marijuana is not harmless and can have serious adverse effects on the health of users.”

“And as a mother of three (one in college), I’m concerned that legalizing the drug for adults sends a clear message to kids that they can get pot without negative health effects,” she said.

Saphier went on to criticize the 2020 Democratic presidential candidates who supported marijuana reform, saying it’s “politically a popular cause, especially among young voters.”

“These candidates are more interested in how legalization of pot will affect their electoral prospects than how legalization will affect public health,” he said. he wrote.

Among the health concerns he has raised is that cannabis use is “directly linked” to “man boobs”.

“Physically, we know that marijuana is directly linked to respiratory problems (if smoked), cardiovascular disease, and gynecomastia (“man nipples”). As a breast radiologist, the first question I ask men when they come in for breast augmentation is whether they currently smoke marijuana or have smoked it in the past. Often, the answer is “yes.”

Trump’s appointment of Saphier comes just as his administration is moving forward with federal rescheduling of marijuana.

Although the surgeon general has no formal involvement in the drug program, which is administered by the Department of Justice and the Department of Health and Human Services, the position is seen as “America’s doctor” and plays a role in addressing health issues on behalf of the government.

In a podcast earlier this year, Saphier admitted that there are “potential benefits” to medical cannabis.

“Of course, there is evidence supporting cannabinoids for chemotherapy-induced nausea, certain seizure disorders, chronic pain syndromes, multiple sclerosis,” he said. “But that’s very different than, you know, the general normalization of high-potency recreational cannabis on a daily basis, especially in developing brains, which doesn’t happen until age 25.”

In the same podcast, he said that he personally “doesn’t like” and has “never tried” cannabis.

“I think CBD products are probably significantly less harmful if they don’t have THC. I’m not a fan of THC,” Saphier. he said. “I think if people are trying to get away from alcohol and want to take low doses of CBD, not inhale it, not smoke it, I’m sure it’s probably less risky than some of the other things out there.”

“Let’s be honest, today’s cannabis is not your parents’ marijuana. The potency of THC has increased dramatically over the last two decades. High-concentrate products, vapes, dabs, edibles, what the kids are doing these days, I don’t even know.”

In another interview focused on concerns about cannabis use by pregnant women, Saphier he said “As we continue to legalize marijuana, people are equating that to, ‘it has to be safe.'”

In a separate interview, he suggested that the legalization of cannabis is increasing its use among young people, which he said increases rates of addiction and psychosis.

“One in six children who try it, becomes addicted. Cannabis use in children, the risk of psychosis is four times higher,” he said. “What have we done? Legalize. Normalize.”

Trump’s predecessor, now retired Candidate Casey Means discussed his “significant experiences” with psychedelics beforehand Saying that marijuana “can greatly decrease your ability to generate good energy.”

Means himself said during a confirmation hearing in February he would not advise Americans to experiment with psychedelics as he has donebut noted that there is “exciting” research indicating that substances such as psilocybin can effectively treat serious mental health conditions.

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Missouri cannabis growers file class action against Good Day Farm

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CPC of Missouri-Smithville, LLC and GF Saint Mary LLC, licensed cannabis growers and manufacturers in Missouri, filed a lawsuit in the Circuit Court of Jackson County on behalf of independent wholesalers, alleging that Good Day Farm (GDF) and its network of conspiring companies and investors were harmed by an intentional, coordinated and unconstitutional scheme. The complaint alleges that the “GDF Cartel” illegally controls or manages the state’s share of dispensary licenses and uses that market power to manipulate Missouri’s $1.52 billion cannabis market for its own profit.

GDF and its co-conspirators allegedly built the cartel by arranging for third parties to invest in limited liability companies (LLCs) that then acquire additional dispensaries, cultivation and processing facilities, all of which are owned, operated or controlled by GDF. The result: The alleged cartel exercises effective control over at least 61 dispensaries, nearly triple the 22 allowed by the Missouri Constitution, with more than 10% of dispensary licenses “under substantially common control, ownership or management.” With 224 dispensaries currently licensed statewide, the alleged GDF Cartel controls more than one in four dispensary licenses in Missouri. But its influence is even greater, with alleged Cartel dispensaries accounting for more than 40% of wholesale cannabis in the state, giving it significant — and illegal — influence over all independent growers and manufacturers forced to sell through its network.

To avoid the Missouri Constitution’s 10% licensing limit and avoid regulatory oversight, the alleged cartel operates under five different brand names:

  • Good Day Farm (21 dispensaries),
  • CODES (20 dispensaries),
  • Green light (10 dispensaries),
  • Fresh Karma (6 dispensaries), and
  • 3 Fifteen Primo (4 medications).

But they’re all part of a single, coordinated operation, the complaint says.

  • Purchase cannabis products from non-Cartel wholesalers at artificially depressed prices;
  • They supply their 61 dispensaries with the same products—mainly those produced by Cartel growers—significantly excluding products from independent wholesalers;
  • Force independent drug wholesalers to purchase the Cartel’s finished products as a condition for their wholesale products to be placed on the Cartel’s drug store shelves; and
  • Boycott non-cartel wholesalers who refuse to agree to anti-cartel demands.

Bob Hoffman, one of the attorneys leading the case, said: “The GDF Cartel is removing competition from the wholesale cannabis market and enriching itself with illegal profits through a counterproductive, clandestine business conspiracy. Missouri growers and manufacturers have been suffering under this scheme for a long time; many of them know something is wrong, but we don’t realize how the cartel has manipulated the market through this manipulation framework. Missourians to approve recreational cannabis in 2022 They voted for a fair and competitive market. Missouri licensed cannabis businesses that have suffered these practices should join us because they may be entitled to substantial damages.”

The complaint alleges the financial toll the Cartel has taken: Since the Cartel began illegal price-fixing, it has used its collective market power to lower wholesale prices by more than 20%, and continues to squeeze wholesalers and threaten the viability of their operations.

The unconstitutional complaint alleges that GDF knew its plan to build cartels could create legal risks for the company under the Constitution’s 10% licensing limit. The complaint quotes from a document provided by GDF to potential investors: “There can be no assurance that the Missouri Department of Cannabis Regulation will not dispute the number of marijuana dispensaries operated or supervised by the operator or its affiliates…”.

This action is brought on behalf of a putative class that includes all licensed independent wholesalers in Missouri that are not members of the alleged GDF Cartel for purposes of injunctive relief. Wholesalers who believe they have been financially harmed by the alleged Cartel’s practices should join the case because they may be entitled to substantial damages. The putative class is represented by the law firms of Feuerstein Kulick LLP and Bryan Cave Leighton Paisner LLP.

Source: Feuerstein Kulick LLP and Bryan Cave Leighton Paisner LLP

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