The court will hear arguments at 9 a.m. on whether the DSHS rules should remain blocked while the full case is decided. The current TRO expires after 14 days. This hearing will also address the massive fee increases — retail registrations jumped from $155 to $5,000 per location, and manufacturer licenses from $258 to $10,000 per facility. Industry leaders say these fees alone would force hundreds of businesses to close. Meanwhile, the Texas Supreme Court is expected to consider the older delta-8 lawsuit this year, which could also impact the outcome of these cases.
April 10, 2026
Judge Blocks DSHS Smokable Hemp Ban
Travis County Judge Maya Guerra Gamble granted a temporary restraining order blocking the new DSHS "total THC" testing rules that effectively banned smokable hemp products statewide. The ruling also unblocked interstate sales. The court deferred the fee increase challenge to the next hearing. Attorney Jason Snell submitted over 300 pages of testimony from Texans describing how the new rules are already shuttering businesses and devastating the industry. The AG's office argued the rules simply reflected existing law, but the judge found irreparable harm was already occurring.
April 7, 2026
Industry Coalition Files Parallel Lawsuit
The Texas Hemp Business Council, Hemp Industry & Farmers of America, and eight additional hemp companies filed suit in Travis County challenging the same DSHS regulations on identical constitutional grounds. Their petition states: "An administrative agency may not substitute its own policy judgment for the outcome produced by the constitutional lawmaking process." The coalition is not challenging consumer safety regulations like age verification and child-resistant packaging — only the rules that would effectively end in-state hemp production. This parallel challenge strengthens the legal fight Green Nation initiated.
March 31, 2026
Lawsuit Officially Filed
The petition was filed by attorney Jerad Najvar challenging DSHS's new hemp regulations as exceeding the agency's statutory authority. Green Nation and the Texas Hemp Constitutional Alliance are named plaintiffs. The case argues that after the Texas Legislature failed to reach consensus on hemp regulation, DSHS unilaterally adopted pieces of rejected bills and began enforcing them — a violation of the constitutional separation of powers.
