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Monday, February 6, 2023

Smoking cannabis has been called ‘inherently evil’ as production bans have been reimposed in Texas

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Texas consumers can continue to puff cannabis, but the production of cannabis smoking materials is banned in the state as a result of a recent Supreme Court ruling.

The ruling is the final word in a legal battle between state health officials and producers that began last year when cannabis company Wild Hemp led a group of stakeholders in challenging the 2019 ban on smokeable cannabis production.

Reflection, reversal, inversion

District Court in Austin have found In favor of the companies last August, he overturned the ban, but the Supreme Court overturned that decision on appeal, upholding a rule set by the Texas Department of Health Services (DSHS). The ban applies only to the manufacture of smokeable, widely available cannabis products that are legal to buy, sell, and possess in the state.

The producers of smokeable cannabis, Crown Distributing, and America Juice Co.

The plaintiffs claimed that the law violated individual and economic freedom while favoring smokeable cannabis producers outside the state.

‘Evil and malicious’

In its ruling, the court said that the right to do business in Texas does not extend to companies that “are engaged in areas that our society has long considered ‘evil and harmful in nature’.”

“Given the long history of extensive efforts by the state to ban and regulate the production, possession and use of Cannabis sativa L., we conclude that the manufacture and processing of smokeable cannabis products is neither a private liberty interest nor a private property interest,” the court wrote in its decision.

The ban was among the rules put in place by the Department of Health and Human Services for consumer cannabis under Texas law that followed the federal legalization of cannabis as a result of the 2018 US Agriculture Act.

US states struggle with the legal status of cannabis flowers, which are sold in loose-leaf bags and pre-wrapped in smokeable hemp products often marketed based on their CBD content. Some have banned such products but many have yet to set the rules.


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