UPDATE:
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SAN ANTONIO - The Vape City restraining order was denied on Nov. 4 by Judge Madeleine Connor.

Michelle Donovan, attorney, Clark Hill brought the temporary restraining order on behalf of Vape City owner Ali Sheikani. Vape City has over 75 retail outlets across Texas.

“We argued well but unfortunately the court cannot enjoin the police power for any potential arrests. We are consolidating our case with Hometown Hero and will be back in court tomorrow for the temporary injunctive motion," said Michelle Donovan.

Next step in the case: Vape City consolidating on injunctive order w/Home Town Hero. There will be a hearing on Nov. 5 at 10:00 a.m. in Travis County.

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ORIGINAL:{/strong}

SAN ANTONIO - The battle over a recent ban on the sale of hemp products in Texas containing Delta-8 is far from over. Some store owners are using the legal system to try and get those popular items back in stock.

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“I just think it’s kind of a bummer,” says Jacob Escobedo, a customer of Vape City. “What harm was it causing to anybody? It was mild, relaxed me. Helped me sleep.”

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The Texas Department of State Health Services feels otherwise. That’s why it recently outlawed all hemp products containing Delta-8, items like gummies and vape products.

RELATED STORY: Local CBD store owners confused over recent ruling banning all Delta-8 products{/strong}

Ali Sheikhani, who owns 2 Vape City outlets in San Antonio and dozens more across Texas, is not taking this lightly.

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“My question is ‘what are we going to do with millions and millions of dollars of inventory?’ ” he says.

To comply with the new DSHS ruling, he has removed all Delta-8 products from his stores – for now.

His attorney explains why Sheikhani has applied for a temporary restraining order.

“My client would have to close because of the type of product that he’s selling,” says his attorney Michelle R.E. Donovan. “This would be pretty significant because he has over 75 retail stores and employs over 500 employees.

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“More than 50 percent of his inventory has Delta-8, hemp-derived Delta-8.”

A similar request for a TRO filed in Austin late last week was not granted, according to DSHS. That isn’t deterring Sheikhani.

“They did it without letting anybody know,” he says.

“Eventually some of this inventory is going to go to the black market.”

Customers tell us they just want to continue using a federally approved product for pain relief or a sleep aid that had previously been legal.

“I just think they need to leave us alone for a little bit and let us enjoy things,” Escobedo says.

Donovan says she expects the TRO hearing to be conducted early this week.

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