State Appeals Texas Hemp Injunction

Industry Awaits Emergency Relief from Appeals Court

The legal battle over Texas hemp products escalated again late Tuesday after the State of Texas officially filed its notice of appeal in the ongoing consumable hemp lawsuit, automatically staying the temporary injunction previously granted to the hemp industry.

In practical terms, the injunction is now lifted while the appeal moves forward — a move attorneys representing the hemp industry say they fully expected.

According to legal counsel involved in the case, attorneys have already alerted the 15th Court of Appeals that an emergency Rule 29.3 motion will be filed immediately upon assignment of a docket number.

The motion seeks temporary appellate relief that would effectively reinstate protections for Texas hemp businesses while the broader legal fight continues.

Industry attorneys say the filing will occur first thing Wednesday morning in hopes of minimizing disruption to operators, retailers, manufacturers, and consumers across Texas.

David Sergi Responds

Attorney David Sergi, representing the Harwin Union Council, released a public statement shortly after the State’s filing.

“We expected the State to appeal. We are confident that the 15th Court of Appeals will reinstate our Temporary Injunction so that our Vets, elderly, and adult consumers have reasonable access to these products. The voters will remember who voted for true liberty in November.” – — David Sergi

Sergi and other industry attorneys argue the new hemp restrictions would severely impact:

veterans using hemp-derived cannabinoids, elderly Texans seeking alternative wellness products, and licensed businesses operating under the federal hemp framework established after the 2018 Farm Bill.

Industry Braces for Another Legal Round

The appeal marks yet another dramatic turn in what has rapidly become one of the most closely watched hemp legal battles in the country.

The Texas hemp industry — estimated by advocates to generate billions in economic activity annually — has spent months battling proposed rules and enforcement efforts targeting: smoke-able hemp products, THCA flower, and consumable cannabinoid products.

Operators fear aggressive regulation could force many businesses to either close, relocate to states like New Mexico and Oklahoma, or transition into underground markets.

Meanwhile, critics of the hemp industry argue stronger oversight is necessary to address concerns regarding intoxicating hemp-derived products and consumer safety.

Appeals Court Now Holds the Key

Attention now shifts squarely to the 15th Court of Appeals, where hemp advocates hope emergency relief can be secured quickly enough to stabilize the market while litigation proceeds.

For Texas retailers and consumers, the next several days could prove critical. And for an industry already operating under enormous uncertainty, the legal war over hemp in Texas is far from over.