The Texas court that was set to hear a hemp industry challenge to the state’s THC rules has called off the argument. On Nov. 6, 2026, the Fifteenth Court of Appeals canceled oral arguments in four cases, including the hemp case that had been set for Dec. 8, days after voters replaced all three of its Republican justices with Democrats, according to Marijuana Moment’s republication of a Texas Tribune report. The cases will be reset “at a later date.”
The cancellation does not change the rules themselves. It does mean a decision on whether to keep the state’s hemp restrictions blocked is unlikely before the new year.
What the court did and why
The Texas Tribune reported that Justice Scott Field, one of the outgoing Republican justices, explained that departing justices cannot issue opinions in orally argued cases before the end of the year, so the court did not want to schedule arguments the incoming bench might want to hear again. The three Democrats who won the Nov. 3 races are expected to take office in early January, per the same report. The outgoing justices will still issue opinions in 39 cases that have already been argued or submitted.
The Tribune’s election-night results report lists Jerry Zimmerer, Tom Baker and Marc Meyer as the winners of the court’s three seats. That story was published while votes were still being counted, so check official canvass results for final numbers. The Fifteenth Court was created in 2023 and has statewide jurisdiction over challenges to state laws and regulations, which is why the hemp case landed there.
The case behind the delay
The lawsuit, brought by the Texas Hemp Business Council and others against the Texas Department of State Health Services (DSHS), challenges consumable hemp rules that took effect March 31, 2026. According to the council’s own case summary (an advocacy source, so verify against the court record), the contested provisions include counting THCA toward total delta-9 THC and sharply higher license fees. MJBizDaily reported that retail registration would rise to $5,000 per location and manufacturing to $10,000 per year.
The procedural history, as summarized by the council and MJBizDaily:
- April 7: The industry filed suit in Travis County.
- April 10: A district court issued a temporary restraining order.
- May 1: The trial court granted a temporary injunction.
- June 5: The Fifteenth Court of Appeals, at the state’s request, lifted the injunction, allowing the rules to take effect again. A DSHS spokesperson said at the time the agency was still determining how to proceed.
- June 26: The court denied the industry’s request to reinstate the injunction, per the council.
Because the state’s appeal of the injunction is still pending, the underlying case cannot go to a final trial. Ganjly could not confirm from independent sources how actively DSHS is enforcing the rules today.
The politics around it
The same election reshaped the executive branch. KSAT reported that Vikki Goodwin defeated Lt. Gov. Dan Patrick and that Gina Hinojosa is governor-elect, with Hinojosa promising Texans a vote on THC’s future. KBTX reported that Goodwin said she would direct DSHS to roll back its regulations and work with lawmakers on a legislative solution. Sen. Charles Perry (R-Lubbock), who favors a ban over regulation, plans to try again next session, KBTX said. Gov. Greg Abbott previously vetoed an outright THC ban passed by the Legislature.
These are campaign and post-election statements, not policy. Any change to hemp law would require action by the Legislature or the agency, and the new officeholders have not yet been sworn in.
What this means for Texas hemp businesses and consumers
- The rules still apply. The delay alone does not suspend them. Retailers and manufacturers should check current DSHS guidance and talk to a lawyer about their situation.
- A ruling is unlikely before 2027. The incoming justices may rehear arguments, which would push any decision further out.
- A federal change is also coming. A separate federal change to the definition of hemp is scheduled for Dec. 11, 2026, and is covered in our explainer on the federal hemp THC restrictions. For background, see our guides to Delta-8 in Texas and the difference between hemp and marijuana.
What happens next
The court has not set new argument dates. Watch for a new order from the Fifteenth Court after the new justices take office in January, any action by DSHS on the rules, and bills filed ahead of the 2027 legislative session. This is a news report, not legal advice.
Sources
- Marijuana Moment (Texas Tribune report), Nov. 7, 2026
- Texas Tribune, election results for statewide courts, Nov. 4, 2026
- Texas Hemp Business Council, case summary
- MJBizDaily, Texas court reinstates hemp rules
- KBTX, Nov. 5, 2026
- KSAT, Nov. 7, 2026
