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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
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`JUDGMENT RENDERED AUGUST 5, 2021
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`
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`NO. 03-20-00463-CV
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`Texas Department of State Health Services and John Hellerstedt, in his Official Capacity as
`Commissioner of the Texas Department of State Health Services, Appellants
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`v.
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`Crown Distributing LLC; America Juice Co. LLC; Custom Botanical Dispensary, LLC;
`and 1937 Apothecary, LLC, Appellees
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`APPEAL FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY
`BEFORE JUSTICES GOODWIN, TRIANA, AND KELLY
`AFFIRMED IN PART; REVERSED AND REMANDED IN PART --
`OPINION BY JUSTICE GOODWIN
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`This is an appeal from the temporary injunction signed by the trial court on September 18, 2020.
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`Having reviewed the record and the parties’ arguments, the Court holds that there was reversible
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`error in the court’s temporary injunction. Therefore, the Court reverses the portions of the trial
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`court’s temporary injunction order insofar as it enjoins the enforcement of 25 Tex. Admin. Code
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`§ 300.104’s bans on manufacturing and processing of consumable hemp products for smoking
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`and enjoins assessing any fines or otherwise penalizing any entity or person in any way from
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`violating those bans. The Court otherwise affirms the temporary injunction order. The Court
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`remands to the trial court for entry of a temporary injunction in accordance with this opinion.
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`

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`Each party shall bear their own costs relating to this appeal, both in this Court and in the
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`court below.
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