Amir SohailAUSTIN, Texas, (ZM NEWSWIRE) — The Texas Hemp Business Council (THBC) and other industry plaintiffs have asked the Fifteenth Court of Appeals to reinstate a temporary injunction blocking enforcement of newly adopted hemp regulations while an appeal proceeds.
In a motion filed yesterday, the hemp industry argues that the Texas Department of State Health Services (DSHS) has taken conflicting positions on enforcement of key provisions, including a new total THC compliance standard and significantly increased licensing fees. Plaintiffs contend this has created uncertainty for hemp businesses and that reinstating the injunction is necessary to provide regulatory clarity while the appeal is pending.
The motion advances three primary arguments:
- The injunction should be reinstated to protect the parties’ rights by providing regulatory stability and preventing detrimental reliance pending appeal.
- The record supports the plaintiffs’ likelihood of success on the merits.
- At a minimum, the temporary injunction should be maintained pending appeal for the named plaintiffs.
The filing cites testimony from the temporary injunction hearing alleging that the challenged regulations could cause significant economic harm across Texas’ hemp sector, including business closures, job losses and reduced consumer access to hemp products. Plaintiffs argue the regulations exceed statutory authority and could disrupt lawful supply chains statewide.
Plaintiffs also point to recorded calls and affidavits in which DSHS representatives told industry participants that certain provisions, including the total THC standard and revised fee structure, are not currently being enforced, contributing to “regulatory whiplash” and uncertainty over which rules are actively being enforced. Industry attorneys characterize the resulting environment as “administrative entrapment,” citing a lack of clear and consistent compliance standards.
The appeal seeks to restore the temporary injunction, at minimum for the businesses and trade associations involved in the lawsuit, until the court has an opportunity to fully consider the merits of the case.
Case Information
The motion was filed in the Fifteenth Court of Appeals (Texas) under case number No. 15-26-00099-CV, arising from Cause No. D-1-GN-26-002511 in the 455th District Court of Travis County, Texas. A copy of the motion can be found here or by visiting https://tinyurl.com/32kxj5d2.
About the Texas Hemp Business Council
The Texas Hemp Business Council is an industry organization dedicated to promoting the hemp-based cannabinoid industry in Texas, while advocating for consumer safety, education and stakeholder engagement. More information is available at http://www.texashempbusinesscouncil.com.
Media Contact:
George Medici
PondelWilkinson Inc.
gmedici@pondel.com
310-279-5980
Publication Partner: ZM Newswire – Powered By Zeest Media
