October 7, 2026

THBC’s challenge to the Texas Department of State Health Services’ hemp rules is scheduled for oral argument before the Fifteenth Court of Appeals on December 8, 2026, at 9:30 a.m. The case has also received additional support through an amicus brief filed by the Texas Hemp Constitutional Alliance and TSVL LLC, doing business as Green Nation.

The December 8 argument concerns the State’s appeal of the trial court’s temporary injunction and its refusal to dismiss our claims that state officials exceeded their authority. The State is asking the appeals court to overturn those rulings.

THBC and our fellow plaintiffs are asking the court to uphold the trial court’s orders, put the injunction back into effect, and preserve all of our claims for further proceedings. Restoring the injunction would block enforcement of the provisions it covers while the lawsuit continues.

Amanda Taylor, our lead litigator at Butler Snow, confirmed the argument date to THBC on October 6. Each side will have 20 minutes to present its arguments. The State will go first and may reserve part of its time for rebuttal. This gives our legal team an opportunity to address the justices directly about the State’s arguments and the basis for the injunction.

The new amicus brief reinforces our argument that DSHS exceeded its legal authority. Filed October 1, it focuses on the agency’s “total delta-9 THC” standard and related testing requirements.

An amicus brief, often called a “friend of the court” brief, allows someone outside the lawsuit to offer legal arguments or information for the court to consider. Here, the Texas Hemp Constitutional Alliance and Green Nation support THBC and the other plaintiffs.

Their central argument is that DSHS effectively changed the law through its rules, exercising power that belongs to the Legislature. The brief makes two particularly relevant points:

  • The Legislature used different language for different stages of hemp testing. The brief argues that lawmakers expressly required testing that accounts for THCA before harvest, while using different language for consumable hemp products. It says DSHS cannot disregard that distinction when determining legal compliance.
  • Agency rules cannot eliminate options provided by statute. The brief argues that DSHS’s new testing requirements override alternative ways of demonstrating product compliance that the Legislature expressly allowed.

These arguments reinforce THBC’s position that agencies must operate within the authority the Legislature grants them. Our legal team views the filing as helpful support. Filed after the State’s reply brief, it also responds to the State’s arguments ahead of oral argument.

Read the full amicus brief.

What happens after this hearing?

The challenged rules remain enforceable at this stage. Neither the amicus filing nor the scheduling of oral argument restores the injunction. December 8 is the argument date; the court has not announced when it will issue its decision. That decision will address the injunction and the claims the State seeks to dismiss. If THBC wins on appeal, the trial date will be set sometime after this hearing. There is no set deadline for when that will happen.

THBC will continue updating members as the case progresses. We appreciate the businesses and advocates supporting this effort to restore protections for the Texas hemp industry.

View the court’s oral-argument notice · Read our previous lawsuit update