Published September 26, 2026, at 12:02 p.m. CDT · Texas Updates / Legal & Regulatory Updates
Last updated October 2, 2026, at 4:13 p.m. CDT
October 2 update: new arguments over THC testing
The Texas hemp-rules appeal has a new friend-of-the-court brief. The Fifteenth Court of Appeals docket records an amicus brief received October 1 in case 15-26-00099-CV. The filing comes from the Texas Hemp Constitutional Alliance and TSVL LLC, which does business as Green Nation, a Tyler hemp manufacturer and retailer. Read the official brief, cover and page 5.
The groups argue that DSHS exceeded its authority by applying a total delta-9 THC standard that accounts for THCA, together with related testing requirements, to consumable hemp products. Their argument distinguishes testing required before harvest from the Texas statute governing consumable products after harvest. They ask the appeals court to uphold the trial court’s injunction as to the challenged total-THC and testing provisions. These are the groups’ legal arguments and requested relief; the brief does not establish that the court has accepted them. Brief, pages 6–8 and 29.
What changes for readers: this adds an industry argument to the appeal. The filing itself sets no effective date, grants no new injunction and does not authorize sales or establish that enforcement has stopped. For Texas retailers, manufacturers, distributors and online sellers handling THCA-containing products, it is a development to follow—not a basis for changing inventory or compliance decisions. Consumers should not treat it as a ruling on any particular product.
In CLOUDWIRE’s October 2 review, the official docket listed no later ruling or scheduled oral argument. The next court action and its timing remain uncertain; the case-search records refresh nightly. Any change in enforceability must be checked against an actual signed order and its scope.
Update note — October 2, 2026: Added the October 1 amicus filing and refreshed the headline and summary. The original September 26 report follows for context.
Earlier coverage — September 26, 2026
Texas has filed its reply brief in the appeal over contested consumable-hemp rules. The Fifteenth Court of Appeals docket records the filing on September 17, 2026, in case 15-26-00099-CV. In CLOUDWIRE’s September 26 review, that remained the latest listed case event; no later ruling or oral-argument date was listed. The court’s case-search records refresh nightly, rather than in real time.
What the state is asking for
The state asks the court to dismiss claims that officials exceeded their legal authority and to vacate the trial court’s temporary injunction. Its brief defends accounting for THCA when testing THC levels, restrictions on transporting noncompliant material into Texas for further manufacturing, enforcement provisions, and licensing fees. These are the state’s arguments—not findings adopted in a new court decision. Read the state’s brief, pages 3–15 and 28 (copy hosted by THBC).
The Texas Hemp Business Council disputes the state’s reasoning, including its justification for fees. Its September 18 response says the litigation remains active. THBC’s response.
What this means for Texas businesses and shoppers
The new development is a court filing, not a new law, effective date, injunction, or permission to sell a particular product. Retailers, manufacturers, distributors and online sellers should not treat the brief as a change to their compliance obligations. Consumers likewise should not read it as a blanket finding that hemp products are legal or illegal.
Separately, DSHS’s current program page continues to list annual license fees of $10,000 per location and retail-registration fees of $5,000 per location, plus applicable Texas Online fees. That is the agency’s published guidance, not a new fee change announced today. DSHS Consumable Hemp Program.
What happens next
The public docket lists the case as ready to be set. The timing and outcome of the court’s next action remain uncertain. Any report that a court has changed the rules’ enforceability needs to be checked against the actual order and its scope. Follow the official case docket.
This article is provided for general informational purposes only. It does not constitute legal advice and does not determine whether a particular product, transaction, inventory decision, or business practice complies with federal, state, or local law.
