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Gulf & Interior South  ·  October 1, 2026

Texas Hemp Appeal Awaits Oral Argument as October 30 Hearing Nears

Briefing is complete in the appeal over Texas's total-THC hemp testing rules, with a separate Travis County injunction hearing set for October 30.


TEXAS, October 1, 2026: Written arguments are complete in the appeal over the Texas Department of State Health Services' total-THC hemp testing rules, and the Fifteenth Court of Appeals has not said whether it will hear oral argument or rule on the briefs alone, according to the Texas Hemp Business Council's case tracker.

The State filed its reply brief September 17 in Texas Hemp Business Council v. DSHS. The agency's March 31 rules, which count THCA toward the state's 0.3 percent THC limit, remain enforceable while the appeal is pending.

A separate challenge in Travis County is next on the calendar. A temporary injunction hearing in the "trace amount" lawsuit is set for October 30 at 9 a.m. before Judge Maria Cantu Hexsel of the 53rd District Court, according to The Marijuana Herald.

In Oklahoma, Senate Bill 1257, which reclassifies THC as a Schedule I substance, takes effect November 1, according to the Oklahoma Legislature's bill summary. The state has not said how it will apply to hemp beverages under the existing 0.3 percent total-THC standard.

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