A lot of confusion this week around the sale of smokable hemp in Texas. Basically, it...

A lot of confusion this week around the sale of smokable hemp in Texas. Basically, it remains legal for now, but there's no way to know for how long.

Here’s my best understanding after speaking with Amanda Taylor, an attorney for plaintiffs who specializes in appeals. 🧵 https://t.co/WdKxM5ivIV

First, the obligatory background.

Cannabis is the plant.

"Hemp" is a legal category of cannabis with no more than 0.3% Delta-9 THC, the main psychoactive ingredient. "Marijuana" has more than 0.3%.

APD says they can't tell the difference.

But cannabis contains THCA, which converts to Delta-9 when heated or smoked.

That's why last week's temporary injunction suspending a new state rule that counts THCA as 88% Delta-9 for the purposes of sales was so important to the industry.

Thursday, May 7: The 15th Court of Appeals restored the injunction, but only until it has more time to consider the issue.

The court asked the state to respond to the emergency motion by May 15. Then court will have to decide whether to leave the temporary injunction in place. https://t.co/ckE7Y0tuDW

How long will it take the 15th Court of Appeals to decide on the temporary injunction on the hemp case?

"Typically within the first couple weeks of an appeal being perfected," Taylor said. Perfecting an appeal means all the required docs are properly filed.

Whatever the outcome at the 15th Court of Appeals, either side could appeal to the Texas Supreme Court.

Taylor said it's a small win for hemp businesses.

"[The 15th Court of Appeal] saw enough merit from their initial review to understand that the injunction should remain in place while they consider it further," Taylor said. "It is a victory, but at a very initial level."

To hear more from the state's side on the Texas hemp lawsuit, this audio from day three of the temporary injunction hearing includes testimony from the state's only witness and closing arguments from both sides.