TEXAS: Texas Cannabis Industry Association warns that the Texas Department of State Health Services’ (DSHS) is days away from the unprecedented banning of hemp-CBD products in the state of Texas. This would present a blow to the liberty of thousands of Texans who choose hemp-CBD as a general wellness product and rely on it for the natural treatment of serious medical conditions.
DSHS Commissioner John Hellerstedt has put forth a “Proposed Inspection Protocol” that states all products containing hemp-CBD will be seized from store shelves across the state and either returned to the manufacturer or destroyed. Commissioner Hellerstedt has given the public until April 16, 2018 to provide comments. DSHS will then decide whether to begin enforcing the ‘Protocol.’
Hemp-CBD is a non-psychoactive compound that even the World Anti-Doping Agency (who oversees the planet’s most-elite athletes) has removed from its banned list. Not only is the DSHS proposal detrimental to thousands of locals whose lives are improved by these products; it is also disastrous for the Texas companies and entrepreneurs who have invested to build out hemp-CBD businesses.
In addition, the legal grounds on which DSHS purports to have the authority to do this are highly-questionable. The TCIA Board of Directors has submitted a one-page executive summary of those legal concerns. TCIA’s General Counsel (Richard Cheng of Dykema Cox Smith - a firm with a national cannabis practice and Texas offices) has submitted a position paper detailing why this state agency cannot lawfully proceed.