Court Filings

The Texas Supreme Court reversed the trial court’s temporary injunction that had blocked the Texas Department of State Health Services from treating manufactured delta-8 THC products as Schedule I controlled substances. The Department and its commissioner had amended Schedule I definitions after objecting to a federal rule; the Court held those amendments were within the commissioner’s broad, statutorily granted discretion and did not conflict unambiguously with the 2019 Texas Farm Bill. The Court also held the Administrative Procedure Act did not govern publication of schedule changes, and that sovereign immunity bars the vendors’ claims.

The Texas Supreme Court reversed the lower courts and remanded, holding that the Texas Commission on Environmental Quality (TCEQ) timely sought an Attorney General opinion under the Public Information Act. Sierra Club had requested a large set of records on July 1, 2019. TCEQ emailed July 2 seeking clarification whether Sierra Club wanted confidential material released or would accept a narrowed response; Sierra Club declined. The Court held the ten-business-day clock began on July 2, the interagency-mail “mailbox rule” made TCEQ’s July 17 submission timely, and therefore TCEQ did not miss the statutory deadline. The case returns to the trial court to decide the merits of TCEQ’s claimed deliberative-process withholding privilege.