Press Kit & Case Backgrounder
Factual summary of the legal challenge to DSHS hemp regulations filed by the Texas Hemp Constitutional Alliance and Green Nation
OverviewCase Summary
On March 31, 2026, a lawsuit was filed in Texas state court challenging new hemp regulations adopted by the Texas Department of State Health Services (DSHS). The action alleges that DSHS exceeded its statutory authority by unilaterally implementing regulatory provisions that had previously been considered—and not passed—by the Texas Legislature.
The petition was filed by attorney Jerad Najvar of Houston on behalf of the Texas Hemp Constitutional Alliance and Green Nation, a registered hemp retailer operating three locations in the Tyler/Lindale area of East Texas.
Read the Full Petition (PDF)At a GlanceKey Facts
Parties
- Plaintiffs: Texas Hemp Constitutional Alliance; Green Nation (Tyler/Lindale, TX)
- Defendant: Texas Department of State Health Services (DSHS)
- Counsel for Plaintiffs: Jerad Najvar, Attorney at Law, Houston, TX
Core Allegations
- DSHS adopted new hemp regulations that incorporate provisions from legislation that was considered but not enacted by the Texas Legislature
- The new rules were implemented without the statutory authority to do so
- The regulations were enforced on an expedited timeline with minimal notice to affected businesses
- The plaintiffs allege the rulemaking exceeds the agency's delegated authority under the Texas Constitution's separation of powers framework
Legal Basis
- The lawsuit is framed as a constitutional separation of powers challenge, not a challenge specific to hemp policy
- The petition alleges DSHS exceeded the scope of authority delegated to it by the Texas Legislature
- The plaintiffs seek to have the new regulations declared unlawful and their enforcement enjoined
ChronologyTimeline of Events
Texas Legislative Session
Multiple hemp regulation bills were introduced and considered during the regular legislative session. The Legislature did not reach consensus, and the proposed measures were not enacted into law.
DSHS Rulemaking
DSHS adopted new hemp regulations that, according to the lawsuit, incorporated provisions from the legislation that had failed to pass. The rules were implemented on an expedited basis.
Lawsuit Filed
The petition challenging DSHS's regulations was filed in Texas state court by attorney Jerad Najvar on behalf of the Texas Hemp Constitutional Alliance and Green Nation.
Community Awareness Campaign
The plaintiffs began public outreach to inform affected businesses, consumers, and the public about the legal challenge and its implications for regulatory authority in Texas.
StatementFrom Counsel for the Plaintiffs
From a legal standpoint, this is not a hemp case—it's a case about the constitutional structure of our government. After the Legislature failed to reach consensus, bureaucrats in the Executive branch anointed themselves to cherry-pick pieces of rejected bills to enforce unilaterally and practically overnight.
DSHS's new rules exceed the agency's authority and are unenforceable. My clients are registered, responsible businesses that serve a legitimate need for many Texans. DSHS's new rules take a sledgehammer to a problem that requires a scalpel.
These statements were made by the attorney of record and are from the public case filing and related public communications.
BackgroundAbout the Plaintiffs
Texas Hemp Constitutional Alliance is a nonprofit organization formed to advocate for the constitutional rights of Texas hemp businesses and consumers through legal channels.
Green Nation is a registered hemp products retailer operating three locations in East Texas:
- Tyler #1 — 1700 SSE Loop 323, Suite 400, Tyler, TX 75701
- Tyler #2 — 6421 S Broadway Ave, Suite 200, Tyler, TX 75703
- Lindale — 3222 S Main St, Unit 107, Lindale, TX 75771
Green Nation describes itself as a responsible retailer that serves the needs of adult consumers (21+) and operates in compliance with all applicable laws. The company has been directly affected by the challenged DSHS regulations.
ContextBroader Significance
While the case arises from the hemp industry, the legal questions at its center have implications beyond any single industry. The core issue—whether a state agency can adopt and enforce regulatory provisions that were explicitly considered and not passed by the Legislature—is a question of governmental structure that affects every business and consumer in Texas.
The outcome may clarify the boundaries of executive agency rulemaking authority in Texas and the process by which regulations affecting significant industries must be enacted.
DownloadsMedia Resources
The following resources are available for editorial use:
- Full petition (PDF) — Filed March 31, 2026
- Green Nation logo (PNG) — For editorial use
- Shareable graphics — Pre-made social media assets
Media Contacts
Legal Counsel
Jerad Najvar
Attorney at Law
Houston, Texas
Contact information available upon request
Green Nation
Tyler & Lindale, Texas
Green Nation Campaign
For media inquiries, please reach out via the campaign website