Montgomery County sues shop over THCA legality

**Montgomery County Becomes First in Texas to Sue Vape Shop Over Alleged Illegal Marijuana Sales**

**THE WOODLANDS, TX** – Montgomery County has filed a landmark lawsuit against a CBD Kratom store in The Woodlands, alleging the establishment is illegally selling marijuana disguised as hemp-derived THCA products. Filed by the Montgomery County District Attorney’s Office on Thursday, June 20, the suit marks the first time a Texas jurisdiction has taken such legal action, setting a significant precedent for the state.

The target of the lawsuit, the CBD Kratom store located in The Woodlands, is accused of distributing vapes containing tetrahydrocannabinolic acid (THCA). According to the DA’s office, while THCA itself is not explicitly listed as a controlled substance, it converts directly into Delta-9 THC when heated, such as during vaping. Delta-9 THC is the primary psychoactive component of marijuana and is classified as a Schedule I controlled substance under the Texas Health and Safety Code.

District Attorney Brett Ligon’s office contends that these products deliver an intoxicating effect and fall outside the scope of what was intended by state or federal hemp laws.

In a swift response, a temporary restraining order (TRO) was issued on Friday, June 21, prohibiting CBD Kratom from selling specific THCA vape products within Montgomery County. A full hearing on the matter is scheduled for Monday, July 1, where the county will seek a permanent injunction to prevent future sales.

CBD Kratom, however, maintains that its products are entirely legal. The company bases its defense on the 2018 Farm Bill and Texas House Bill 1325, which legalized industrial hemp containing less than 0.3% Delta-9 THC by dry weight. They assert their products comply with these regulations.

This legal escalation follows a series of warning letters sent by the Montgomery County Sheriff’s Office to approximately 20 vape shops in early 2024. These letters advised the establishments to cease selling THCA vapes. According to the District Attorney’s office, CBD Kratom was the sole business that continued to sell the specific products in question after receiving the warnings.

The county is not only seeking a permanent ban on the sales of these products but also civil penalties ranging from $10,000 to $250,000 per violation. This case is being closely watched across Texas and potentially beyond, as it represents a significant pushback against the proliferation of intoxicating hemp-derived products and could shape the future of their regulation and legality.