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Federal Court Upholds Arkansas Hemp Restrictions, Contradicting Texas Governor’s Stance In Vetoing Proposed Ban In His State

Published
11 hours agoon

“Just because states may legalize hemp under the 2018 Farm Bill does not mean they must.”
By Bethany Blankley, The Center Square
Several of the reasons Texas Gov. Greg Abbott (R) made for vetoing a statewide THC ban, SB 3, were rejected Tuesday by the Eighth Circuit Court of Appeals.
The Texas legislature overwhelmingly passed SB 3 with bipartisan support during the regular legislative session. Late Sunday night, Abbott vetoed it.
In his proclamation explaining the veto, he said SB 3 was “well-intentioned. But it would never go into effect because of valid constitutional challenges.” If it were enacted, “its enforcement would be enjoined for years, leaving existing abuses unaddressed,” he said, adding that “Texas cannot afford to wait.”
He pointed to Arkansas enacting a THC ban in 2023, Act 629, which was challenged in court. A lower court halted it from going into effect, arguing it would “likely [be] preempted by federal statutes and that its criminal provisions were likely unconstitutionally vague,” Abbott said. “The result in Arkansas? Their law has sat dormant, meaningless, having no effect for nearly two years while further legal proceedings play out. That result must be avoided in Texas,” Abbott said.
Instead, he proposed regulating THC similar to how alcohol is regulated.
On Monday, Patrick challenged each of Abbott’s arguments, saying they were flawed and factually inaccurate. Federal law expressly permits states to impose their own restrictions, including banning THC, Patrick said. He also said the Fourth and Seventh circuits have ruled as much and California and Colorado banned THC with no problems, The Center Square reported.
He said he believed the 8th Circuit would rule in favor of Arkansas.
One day later, it did.
On Tuesday, a panel of judges on the Eighth Circuit, including the chief judge, reversed the lower court’s injunction.
The judges also confirmed Patrick’s argument, stating in their 16-page ruling that nothing in the 2018 Farm Bill “preempts or limits any law of a State or Indian tribe that…regulates production of hemp and is more stringent than this subchapter.”
They also said the Arkansas Supreme Court would reach the same conclusion they did.
“We predict that the Arkansas Supreme Court would hold that” a provision, the saving’s clause, was upheld in the law, agreeing with the state.
The judges rejected the plaintiff’s argument that the state’s ban prohibited interstate commerce of hemp products, also saying, “We predict the Arkansas Supreme Court would adopt our understanding of the phrase ‘continuous transportation.’ Any more of a restrictive understanding would mean that Act 629 would violate the 2018 Farm Bill’s Express Preemption Clause.”
The judges also point out that the “text of the 2018 Farm Bill shows only that Congress wanted to facilitate state legalization of hemp, if a state wants to. Congress allows states to legalize hemp by removing the biggest hurdle—federal criminalization.”
Today the United States Court of Appeals for the Eighth Circuit reversed a lower court’s decision to enjoin Act 629 of 2023. Today’s ruling isn’t just a win for Arkansas, it’s a win for common sense and the rule of law. If you are selling these products, you are now doing it in… pic.twitter.com/whLQwGHMc8
— Attorney General Tim Griffin (@AGTimGriffin) June 24, 2025
The text of the 2018 Farm Bill “does not support” the plaintiff’s claim “that Congress intended to ‘federally protect[] hemp’ and coercively mandate nationwide legality,” the judges said. “States may obtain primary regulatory authority over hemp production,” including banning it.
“Instead, just because states may legalize hemp under the 2018 Farm Bill does not mean they must,” the judges note.
The judges also rejected the argument Abbott cited, saying the Arkansas bill “is not unconstitutionally vague and the district court abused its discretion when it issued a preliminary injunction based on the statute being void for vagueness.”
As I said yesterday at my press conference, it appeared to my legal team and me that Arkansas would win this case and be able to ban THC. The 8th Circuit Court of Appeals had telegraphed that this was going to be their decision in their oral arguments.
This is the second major…
— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) June 24, 2025
In response to the ruling, Patrick said the court ruled the way he believed it would and the Texas Senate would reintroduce SB 3 and the state legislature would pass it again.
Abbott called a special session for next month, adding SB 3 to the agenda, suggesting that the legislature implement a series of regulations to legalize THC.
To be clear, the Arkansas law differs from S.B. 3 in legally consequential ways. Unlike the Texas bill, Arkansas’ law did not ban “any amount” of a cannabinoid, it expressly permitted hemp farming consistent with federal law, and it carved out interstate transportation. Those are…
— Greg Abbott (@GregAbbott_TX) June 25, 2025
The Republican Party of Texas opposes legalizing marijuana; the majority of Republicans in the legislature voted to ban it, not regulate it.
When the legislature convenes next month, Patrick said, “All we have to do is pass SB 3, just like we passed during the regular session.”
This story was first published by The Center Square.
Photo courtesy of Brendan Cleak.

Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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Tilray Brands Subsidiary is First Company in Italy Approved to Distribute Medical Cannabis Flower

Published
3 hours agoon
June 26, 2025
FL Group, a wholly owned subsidiary of Tilray Brands Inc., has become the first company in Italy to receive government approval to distribute medical cannabis flower. The products are set to be available this month in pharmacies throughout the country.
In a statement, Denise Faltischek, chief strategy officer and head of International at Tilray Brands, said the “milestone underscores the vital role of medical cannabis as a therapeutic medicine for patients in need, supporting their health and well-being.”
“We are proud to expand our medical cannabis portfolio in Italy with the introduction of our Tilray Medical high-quality, EU-GMP certified medical cannabis products that uphold the highest standards in patient care,” Faltischek said. “We extend our gratitude to the Ministero della Salute (Italian Ministry of Health) for their trust in Tilray Medical and for providing the necessary regulatory framework to ensure access to safe, consistent and reliable cannabinoid-based therapies. Together, we are advancing health care and patient wellness through innovation and collaboration.” — Faltischek in a press release
The three approved products include Tilray Medical’s Tilray THC 25%, Tilray THC 18%, and Tilray THC 9%/CBD 9%.
Italy legalized medical cannabis in 2013 and initially relied on imported medical cannabis products; however, the Italian Army was later tasked with local cultivation at the Military Pharmaceutical Plant in Florence, which was criticized for producing low quality flower.
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Michigan Cannabis Sales Fall, But Consumers Are Buying More at Dispensaries

Published
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Adult-use cannabis sales totals in Michigan declined for a fourth consecutive month in May, according to state Cannabis Regulatory Agency (CRA) data outlined by the Detroit Metro Times. Between January and May, adult-use dispensaries in the state sold $1.31 billion worth of products, down from $1.34 billion from the same period last year.
It marks the Michigan cannabis industry’s first year-over-year decline since adult-use sales began in the state in December 2019.
The downturn is likely caused by oversupply – state data shows that dispensaries held more than 160,000 pounds of flower in April, up from 143,300 pounds the prior year – which is leading to lower prices for consumers. In May, the average price of an ounce of flower was $63, compared to $88 a year prior. When adult-use sales began in 2019, the average price for an ounce of flower was more than $500.
In turn, consumers are buying more product at dispensaries. In May, retailers sold about 20% more flower, concentrates, vape cartridges, kief, edibles, and shake, despite reporting lower sales totals.
In April, state lawmakers held a hearing about whether to impose a moratorium on new cannabis cultivators, during which Brian Hanna, director of the CRA, told the panel that without changes, the industry is “going to see consolidation.”
“You’re going to see small businesses going out of business. You’re going to see bigger buying out smaller,” she said, according to a Metro Times report. “You’re going to see lesser variety. You’re going to see social equity businesses suffer along with those businesses.”
However, under current state law, the CRA is required to issue licenses to applicants that meet the criteria, and lawmakers have not passed any moratorium.
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