Texas Appeals Court Cancels Hemp Rule Challenge Arguments After Democratic Election Sweep

Court Cancels Arguments After Election Upset

Days after voters ousted all three Republican justices on the 15th Court of Appeals in Tuesday’s election, the Texas court canceled oral arguments for four cases. Lawyers were told the cases will be reset “at a later date.” The canceled arguments included a challenge to state rules limiting the sale of hemp-derived products containing THC.

The court’s move means the hemp rule challenge will now be decided by three Democrats who take office in early January. The 15th Court of Appeals has statewide jurisdiction over challenges to state laws and regulations. It was the court’s first general election since it opened in 2024.

Justices on Friday nixed a Dec. 8 sitting before the Court of Appeals, Fifteenth District, citing their election defeats. The three incumbent justices fell to their Democratic opponents in the court’s first general election.

The Hemp Rules Under Challenge

The THC regulations were originally set to take effect at the end of March. They included child-resistant packaging, a significant increase in licensing fees, and new labeling, testing and bookkeeping requirements.

The Texas Department of State Health Services rules codified the legal purchasing age to 21. The rules increased licensing fees for manufacturers of hemp-derived THC from $258 to $10,000 per facility. Retail registrations rose from $155 to $5,000.

Industry leaders said the fees amounted to a ban by forcing businesses to close. Smoke shops briefly pulled the products from shelves as the ban went into effect. A Travis County district judge on April 10 temporarily blocked the rules as a lawsuit by the hemp industry played out in court.

Why the Court Delayed

The cancellation will let current justices deliver opinions on already argued cases, Justice Scott Field told Bloomberg Law. There are 39 cases before the outgoing justices that have already presented oral or written arguments and are awaiting opinions.

“We know we can’t get the opinion out for cases orally argued before the end of the year so we don’t want to waste the lawyers’ time with an argument if there’s a chance the new court will also want to hear argument,” Field told Bloomberg Law.

Oral arguments set for December 8 and 9 also were canceled in the other cases. The hemp rule challenge will now be reset for a later date before the incoming Democratic justices.

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