UPDATE: Temporary Injunction Hearing Date Set after Denial of TRO in Texas Hemp Businesses Lawsuit Against Texas Department of State Health Services Industry
AUSTIN, Texas — September 4, 2026 — A court hearing on the Temporary Injunction was scheduled after the denial of a Temporary Restraining Order in the Texas hemp businesses’ lawsuit against the Texas Department of State Health Services.
“While we are disappointed not to have received the temporary restraining order. We look forward to the hearing date for the temporary injunction. In similar cases, even when a TRO has been denied, the temporary and permanent injunction has been granted. We look forward to presenting our case and demonstrating that the Texas Department of State Health Services has overstepped its authority,” said David Sergi of Sergi and Associates, San Marcos, TX. “This is a unique case that will require a comprehensive hearing.”
The lawsuit challenges a recent state agency attempt to unilaterally reclassify lawful hemp products as controlled substances and rewrite the legal framework established by the Texas Legislature.
The hearing on the temporary injunction will be conducted on October 30, 2026, at 9:00 am before Judge Maria Cantu Hexsel, 53d District Court, at the Travis County Civil and Family Courts Facility, 1700 Guadalupe St, Austin, TX.
Brief Summary of the Case
This case challenges the Department’s use of an undefined “trace amount” standard following the July 31 scheduling action. That standard is not presently defined by statute, agency rule, or any other lawfully adopted standard, and we are asking the Court to declare that it cannot be enforced in its current form and that, if the Department wishes to establish and enforce such a standard, it must do so through lawful rulemaking.
David K. Sergi of David K. Sergi & Associates filed the lawsuit in the 459th Judicial District Court of Travis County against the Texas Department of State Health Services (DSHS), Interim Commissioner Imelda Garcia, and Division Director Glenn Hargett.
The lawsuit (Cause No. D-1-GN-26-007113) was filed on behalf of Texas hemp businesses —including SS Distro USA LLC, Topps Distro LLC d/b/a KingPin Kush, Jason Moreno d/b/a My City Hemp, and Trevor Kocaoglan.
