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Texas Lawsuit Seeks to Block Smokable Hemp Products Ban

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Texas Lawsuit Seeks to Block Smokable Hemp Products Ban

A coalition of hemp industry stakeholders and advocacy groups filed a temporary restraining order against the Texas Department of State Health Services (DSHS) and the Texas Health and Human Services Commission on Tuesday, seeking to block recently implemented ban on smoked hemp products, Texas Tribune reports.

Enacted on March 31, the ban bans the sale of cannabis flowers, pre-rolls and vaporizers. DSHS officials targeted the products by updating state regulations to count the cannabinoid THCA — which by itself is not intoxicating, but when decarboxylated (heated or burned), turns into delta-9 THC — toward the maximum THC allowed in hemp products. According to state law, hemp-derived products must not exceed the federal limit of 0.3% THC content.

In their challenge, however, the plaintiffs argue that state officials lacked the authority to issue such sweeping changes.

“Under current Texas law, hemp is defined by its delta-9 THC concentration of no more than 0.3%. These Texas officials and state agencies are clearly trying to create new law in direct opposition to what the Texas legislature intended.” — David Sergi, attorney for the Hemp Coalition, in a press release

Meanwhile, officials also passed new product testing and age verification requirements and significantly raised the state’s hemp licensing fees. The Hemp Industry Coalition is not challenging those changes.

“Texas hemp businesses wholeheartedly support those regulations, as they are under the agency’s authority,” Sergi said in the report. “We’re seeking to stop rules that would effectively end the state’s production of hemp and the sale of hemp products — items the Legislature chose not to ban during recent legislative and special sessions.”

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Virginia Officials Reach Compromise to Launch Legal Cannabis Sales Next July

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Virginia Officials Reach Compromise to Launch Legal Cannabis Sales Next July

Virginia Gov. Abigail Spanberger (D) reached a compromise with state lawmakers to add provisions legalizing the commercial cultivation and sale of adult-use cannabis to the state budget. WTOP reports.

Under the agreement, adult-use sales will begin on July 1, 2027. The industry will initially be taxed at 6%, rising to 8% in 2029, and local governments will be able to levy an additional tax on cannabis of between 1% and 3.5%.

Governor last month vetoed a cannabis sales proposal sent to her desk by lawmakers, despite a campaign promise to support the establishment of legal sales. Spanberger had initially requested changes to the proposal, but lawmakers instead sent their original proposal back for reconsideration, which she rejected.

“In the end, we all wanted to provide a market that the Commonwealth could effectively implement over the long term. We’ve always had the same end goal, an end goal that’s been years in the making.” – Spanberger, at a press conference

The vetoed legislation would have launched the adult-use market on Jan. 1, 2027, but lawmakers settled on the governor’s delayed start date. The agreement includes a total of 350 cannabis business licenses, although the governor’s proposal had reduced the number of licenses to 200.

The sales agreement also creates a new $250 fine for public consumption of cannabis, although the governor had proposed making the offense a Class 4 misdemeanor, the report said.

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Massachusetts High Court Allows Ballot Measure to End Adult-Use Cannabis Sales to Proceed

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Massachusetts High Court Allows Ballot Measure to End Adult-Use Cannabis Sales to Proceed

The Massachusetts Supreme Judicial Court ruled last week that the ballot question seeking to overturn the Commonwealth’s 2016 adult cannabis law will be sent to voters. NBC Boston reports. The proposal was opposed by some participants in the state’s social equity program, who argued that Attorney General Andrea Joy Campbell’s summary of the initiative left out key details and that she should not have certified the measure because it contains unrelated policy sections.

Justice Bessie Dewar, writing for the court, rejected the plaintiff’s arguments and ruled that Campbell “did not err in certifying the petition on any of the grounds asserted and that her summary of the petition is fair.”

“The Attorney General argues that the various parts of the petition all relate to the common goal of restricting the use of recreational marijuana through a new, integrated scheme to regulate marijuana. We agree and are not persuaded by plaintiffs’ arguments to the contrary.” – Dewar, on the decision, via NBC Boston

of final summary endorsed by Campbell says:

“The proposed law would change the type and amount of marijuana that can be legally possessed in Massachusetts by repealing laws that legalize, regulate, and tax the retail sale of marijuana for adult recreational use in Massachusetts. The proposed law would also allow persons 21 and older to possess 1 ounce or less of marijuana and no more than 5 grams of marijuana to transfer another gift Person 21 or older 1 ounce or less marijuana, including no more than 5 grams in concentrate form. The proposed law would also impose a $100 civil fine and forfeiture of marijuana for possession of between 1 and 2 grams of marijuana for youths who are 21. less marijuana a civil offense subject to a $100 fine, forfeiture of the marijuana, completion of a drug awareness program, and community service to their parents or legal guardian for the offense and fines The proposed law would allow adult recreational marijuana businesses to currently apply on an expedited medical basis to become their own expedited license The proposed law would retain the Cannabis Control Commission to regulate only the medical marijuana market.

According to a Bay State poll from the University of New Hampshire released in February, a majority – 63% – of Massachusetts residents oppose efforts to end adult sales in the state. The poll found that 20% supported the measure.

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North Carolina Bill Would Set Age Requirement for Hemp Products

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North Carolina Bill Would Set Age Requirement for Hemp Products

A new North Carolina Senate proposal would create a 21-year-old age requirement for purchasing or possessing hemp products, including foods and beverages infused with delta-8 or delta-9. WRAL News reports.

Bipartisan Senate Bill 59 passed the House Rules Committee on Wednesday. The proposal would also set the age requirement for purchasing kratom at 21.

The issue is popular with both Republicans and Democrats, and Gov. Josh Stein (D) has also called for better regulation of the products, but previous efforts have failed.

“We have the good sense to put an age limit on these types of products, which is the lowest hanging fruit there is.” — Rep. state Rep. Jimmy Dixon (R), in a statement to the House Agriculture and Environment Committee

A spokesman for the governor’s office said the administration is reviewing the bill.

“Earlier this year, the NC Cannabis Advisory Council issued an interim report with informed guidance to the General Assembly to address the unregulated sale of cannabis in North Carolina, including recommending a minimum age requirement,” the spokesperson said in the report. “The governor is eager to work with the Legislature to protect our children and bring order to this Wild West marketplace.”

If passed into law, the age limit would go into effect on December 1, 2026.

Based in Portland, Oregon, Graham is the editor-in-chief of Ganjapreneur. He has been writing about the legalization landscape since 2012 and has contributed to Ganjapreneur since our official launch in…

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