Today, THBC and the other plaintiffs filed a Motion for Rehearing asking the 15th Court of Appeals to reconsider its recent decision that lifted the temporary injunction protecting the industry from portions of the DSHS rules.

The motion is not a ruling and does not change the current legal status. The DSHS rules remain in effect unless the Court grants the rehearing request and the judges rule in our favor.

Why Are We Asking for Rehearing?

The motion centers on what plaintiffs describe as a major contradiction:

The State argued to the Court that the injunction needed to be lifted so DSHS could enforce the new rules.

After the injunction was lifted, multiple hemp industry stakeholders reported that DSHS personnel told them the agency is not currently enforcing the total THC standard or the increased licensing fees.

THBC’s Core Argument

THBC attorneys argue that this creates unacceptable uncertainty for Texas hemp businesses.

Businesses are effectively being told:

  • The rules are legally in effect.
  • That DSHS is saying is not enforcing key parts of those rules.
  • The problem is that businesses could still face future enforcement if the agency changes course.

The motion argues that the Court should restore the injunction to provide clear rules and prevent businesses from being harmed by relying on inconsistent agency guidance.

What Relief Is Being Requested?

The motion asks the Court to:

Primary Request: Reinstate the temporary injunction for the entire Texas hemp industry while the appeal proceeds.

Alternative Request: If the Court is unwilling to provide industry-wide relief, reinstate the injunction at least for the named plaintiffs, including THBC and HIFA members.

What Else Is Included?

The motion also highlights evidence presented during the temporary injunction hearing, including testimony that:

  • The DSHS total THC standard conflicts with the statutory hemp definition.
  • The rules could significantly disrupt the hemp supply chain.
  • The rules could have major economic impacts on Texas businesses and jobs.
  • Multiple business owners testified that the rules threaten their ability to remain in business.

Next Steps

We do not yet have a timeline. It is likely the courts will ask the State for a response, so time will be needed for that plus time for the court to make its decision. We will keep the industry updated as the case progresses.

How you can support our efforts:

THBC is actively raising funds to support this legal fight. The outcome of this case will directly impact the future of our industry.

Our organization operates off donations and member dues and we need funds to continue fighting. Please consider signing up for a membership or donating to the cause.