Texas Hemp Business Council responds to Court decision granting temporary injunction in hemp challenge

The Texas Hemp Business Council (THBC) has issued the following statement regarding the decision by Judge Daniella DeSeta Lyttle of the 261st District Court granting a temporary injunction in THBC's lawsuit against the Texas Department of State Health Services:

"The Texas Hemp Business Council appreciates Judge Daniella DeSeta Lyttle and the 261st District Court for carefully considering the issues presented and granting a temporary injunction to halt enforcement of the challenged hemp regulations while the case proceeds.

"This ruling is an important affirmation that regulatory agencies must operate within the authority granted by the Texas Legislature. The court's decision recognizes the significant legal and practical concerns raised by rules that exceeded statutory intent and would have imposed immediate and irreparable harm on lawful hemp businesses across the state.

"We are encouraged by the court's recognition of the need to preserve the Legislature's framework governing hemp-derived products, including the proper application of the statutory delta-9 THC standard. This decision provides critical short-term clarity and stability for businesses that have operated in good faith under Texas law.

"On the same day, the Texas Supreme Court issued an opinion in a separate case involving a different exercise of agency authority under the Texas Controlled Substances Act. That case has been litigated for several years and presents distinct legal questions, but we expect the State to rely on that opinion in further proceedings. We are actively evaluating the Supreme Court's decision and its potential implications for this case.

"THBC remains prepared for the next phase of this case, including an expected appeal and will continue working to maintain the injunction and its full scope.

"We are grateful to our legal teams at Butler Snow, Snell Law, The Banks Law Firm, Dickinson Wright and David Sergi and Associates for their continued advocacy and industry insight, as well as to our fellow plaintiffs, including the Hemp Industry Farmers of America, and our partners. We will continue working to protect Texas hemp businesses, farmers and consumers."