Criminal Defense Attorney in Texas Faces Surge in Hemp Prosecution Cases Following State Ban

Texas has reclassified numerous hemp-derived THC products as Schedule I controlled substances, prompting criminal defense attorneys to prepare for a wave of possession and distribution cases. The hemp industry has filed a federal lawsuit challenging the ban as unconstitutional, arguing it contradicts federal protections established in the 2018 Farm Bill. The restrictions, which took effect on July 31, have criminalized products that were legally sold across the state for more than seven years.

The Ban and Its Criminal Implications

Texas authorities have prohibited possession and sale of hemp-derived products containing delta-8 THC, delta-10 THC, THCA, THCP, HHC, and other synthetic THC isomers. These products—previously available at smoke shops, CBD stores, gas stations, and online retailers—now face prosecution under the Texas Controlled Substances Act as Penalty Group 2 substances. Unlike marijuana cases, penalties for these products are calculated by total weight, not THC concentration alone. A person found with less than 1 gram faces state jail felony charges carrying 180 days to two years in prison and fines up to $10,000. Possession of 1 to 4 grams constitutes a third-degree felony, while 4 to 400 grams qualifies as a second-degree felony.

The Legal Challenge

Two hemp retailers and one distributor filed suit in U.S. District Court for the Southern District of Texas against the Texas Department of State Health Services, Attorney General Ken Paxton, and the Galveston County district attorney. The plaintiffs argue that the state's redefined classifications provide no distinction between lawful hemp and unlawful marijuana, directly violating federal law. According to lead counsel Andrea Steel, "For more than seven years, Texans have built a multibillion-dollar hemp industry under laws that define these products as legal hemp. Without any change to those laws, the State now says they're Schedule I drugs, like heroin." The plaintiffs are seeking a temporary restraining order and preliminary injunction to halt enforcement of the ban.

Industry Impact

Cannabis experts estimate that more than half of the THC products currently on store shelves may be removed from inventory if the ban remains in effect. The state's continued legality of delta-9 THC products, which represent the majority of the market, creates what legal observers describe as a confusing regulatory framework. The hemp industry contends that this inconsistency makes compliance impossible and exposes law-abiding businesses and consumers to felony prosecution.