Texas’ Fifteenth Court of Appeals has taken a December hearing in a challenge to the state’s hemp regulations off its calendar. The change leaves businesses waiting for a new argument date as the appeal proceeds and the court prepares for a change in membership.
What the appeal covers
The Texas Hemp Business Council and other challengers contend that state health officials exceeded their authority in adopting portions of the new consumable hemp rules. The appeal concerns a temporary injunction and the trial court’s refusal to dismiss those claims, according to the council’s case update.
The council’s September update said the disputed rules remained enforceable while the case moved forward. The cancellation of oral argument does not itself change what businesses are required to do or resolve whether the rules were lawfully adopted.
What comes next
The Texas Tribune reported that the court canceled arguments in four cases after voters elected three new justices. The hemp hearing had been scheduled for Dec. 8. The court told lawyers that arguments would be reset later, the Tribune reported. The next development for retailers and manufacturers to watch is a new hearing date or an order affecting the rules while the case is pending.