Texas hemp shops file lawsuit against state over new regulations on THC - CBS News

The suit argues that DSHS overstepped its authority by changing the definition of hemp under Texas law without going through the Legislature. The new guidelines took effect weeks ago and imposed a ban on certain products that had been legal in the state since 2019.

For Lubbock's hemp retailers, the stakes are real. The regulations threaten a large portion of what has grown into a booming hemp industry statewide, and small shops here face the same pressure as operators everywhere else in Texas. An attorney representing the plaintiffs, San Marcos-based David K. Sergei, put it plainly: "Thousands of small business owners built enterprises, hired workers, and invested capital relying on that law."

If the court sides with the state, retailers selling hemp-derived THC products could be forced to pull inventory they have stocked legally for years. If the plaintiffs win, business continues while the Legislature, not a state agency, decides where the line gets drawn.

The industry operated without serious legal challenge for roughly six years before DSHS moved to tighten the rules.