Texas Department of State Health Services v. Crown Distributing LLC
Texas Supreme Court
647 S.W.3d 648 (2022)
- Written by Sean Carroll, JD
Facts
In 2018, a federal law passed classifying hemp as an agricultural product. The law permitted each state to determine how hemp would be regulated in that individual state. The State of Texas passed a law generally permitting the manufacture of hemp products but prohibiting the manufacture of hemp products for smoking. Crown Distributing LLC and other manufacturers of smokable hemp products (collectively, the manufacturers) (plaintiffs) sued the Texas Department of State Health Services (defendant), challenging the prohibition based on the due-process clause in the Texas Constitution. The clause stated that Texas citizens’ right to life, liberty, and property could not be taken absent due course of law. The manufacturers claimed that their right to produce smokable hemp products was a constitutionally protected property right.
Rule of Law
Issue
Holding and Reasoning (Boyd, J.)
Concurrence (Young, J.)
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