Texas defends hemp license fees in appeals court — NRBC Compliance Brief Vol. 1, Ed. 38 (Sep 21, 2026)

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Daily Compliance Brief

Vol. 1 • Edition 38 • Monday, September 21, 2026 • Alcohol & Hemp/THC Regulation • Federal + All 50 States

Good morning — here's the regulatory picture for alcohol and hemp/THC beverages, readable in about three minutes. Every headline links to the original source. A quiet news weekend — a leaner edition today, with no new federal actions in the window.

Top Story

Texas defends hemp product rules — including per-location license fees — in appeals court filing

TEXAS • The Marijuana Herald • Sep 18

Texas filed a 39-page reply brief Friday in the state's Fifteenth Court of Appeals defending consumable-hemp rules adopted by the Department of State Health Services against a challenge from the Texas Hemp Business Council, arguing that its "total delta-9 THC" testing standard — which counts THCA that can convert to delta-9 — is "the scientifically and legally correct standard," and that the fee, out-of-state-material and penalty provisions fall within the agency's statutory authority. The license-fee schedule is directly at issue: under the challenged rules (25 TAC 300, per DSHS's fee page), a Consumable Hemp Product License — required to manufacture or process — is $10,000 per year per location, and a Retail Hemp Registration — required for every retail location that sells consumable hemp products, beverages included — is $5,000 per year per location. The state, which reported more than 14,000 hemp licensees in 2025 and plans to expand its inspection staff from 7 to 23, says the rules remain enforceable while the appeal proceeds; per the council's litigation update, both sides have requested oral argument and no date has been set.

Why it matters: While the appeal is pending, every Texas store selling hemp THC beverages owes the $5,000-per-location annual registration and every manufacturing site the $10,000-per-location annual license — a 10-store retail network is carrying $50,000 a year in registration cost alone, and the court's ruling will decide whether that schedule, and the stricter THC test behind it, stands.

Around the States

North Carolina poll: majority backs keeping hemp THC products legal for adults 21 and over

NORTH CAROLINA • Marijuana Moment • Sep 17

An Elon University Poll of 1,121 North Carolina adults (Aug 21–31, ±5.09 points) found 53% support keeping hemp-derived THC products such as seltzers and gummies legal, with 28% opposed — and 82% support banning sales to anyone under 21. Gov. Josh Stein (D) has pressed the legislature for comprehensive cannabis legalization with consumer protections, while GOP legislative leaders have focused on hemp restrictions; poll director Jason Husser said support levels have remained "largely stable" since 2021.

Why it matters: North Carolina lawmakers are still weighing how far to restrict hemp beverages — the poll signals steady consumer demand for a regulated 21+ category in a key Southeast retail market, which bears on shelf-space and assortment decisions there.

Delaware governor signs bill adding marijuana to alcohol enforcement division's name and mandate

DELAWARE • Delaware Governor's Office • Sep 16

Gov. Matt Meyer signed House Bill 411, renaming the Division of Alcohol and Tobacco Enforcement to the Division of Alcohol, Tobacco, and Marijuana Enforcement and updating statutory references from "agents" to "officers." The governor's office said the change reflects enforcement work the division has already carried since recreational marijuana sales began, rather than new authority; Meyer said "the name change may be small, but the responsibility these officers carry every day is not."

On the Radar

Sep 29 — One week out: the executive order barring imports of Canadian beer, wine and spirits takes effect; product entered for consumption before that date remains subject to the existing 50% duty instead (Shanken News Daily). Retailers still carrying Canadian brands should have inventory and pricing plans settled this week.

Sep 30 — Federal FY2026 funding expires, and hemp policy language for FY2027 remains unresolved in Congress; among pending proposals, Reps. Greg Landsman (D-OH) and Beth Van Duyne (R-TX) have introduced the Beverage Regulatory Parity Act, which would regulate hemp beverages under TTB permits with a per-milligram THC excise tax, a nationwide 21+ standard, mandatory testing and a three-tier distribution structure.

Nov 12 / Dec 11 — The federal recriminalization of synthetic cannabinoids not naturally producible from the cannabis plant takes effect Nov 12; the broader federal ban on consumable hemp products above 0.4 mg total THC per container takes effect Dec 11, after Congress moved that date back a month (Marijuana Moment). Missouri's own restrictions still begin Nov 12, when products above 0.4 mg THC per container move to licensed dispensaries only (Marijuana Moment).

Jeremy Barnes | Chief Financial Officer, New Realm Brewing Co.

Prepared for New Realm's leadership team and valued partners. This brief is for general informational purposes only and is not legal advice; it is compiled with AI assistance from the linked sources — please confirm details at the link before acting on them.

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Audio transcript (~2 min read)

This is the New Realm Compliance Brief, Volume One, Edition Thirty-Eight, for Monday, September Twenty-First. A quiet news weekend, so today's edition is a leaner one.

Our top story: Texas has filed a thirty-nine page reply brief in the state's Fifteenth Court of Appeals, defending its consumable hemp rules against a challenge from the Texas Hemp Business Council. The state argues that its total delta-nine THC testing standard, which counts THC-A that can convert into delta-nine, is the scientifically and legally correct standard, and that its fee and penalty provisions fall within the agency's authority. The license fees are directly at issue: a consumable hemp product license for manufacturing runs ten thousand dollars per year, per location, and every retail location selling consumable hemp products, beverages included, needs a five thousand dollar per year registration. The rules stay enforceable while the appeal proceeds. Both sides have asked for oral argument, and no date has been set.

Around the states: In North Carolina, an Elon University poll found fifty-three percent of adults support keeping hemp-derived THC products legal, with twenty-eight percent opposed, and eighty-two percent back banning sales to anyone under twenty-one. And in Delaware, Governor Matt Meyer signed a bill renaming the Division of Alcohol and Tobacco Enforcement to add marijuana enforcement to its name, reflecting duties the division already carries.

On the radar: September twenty-ninth, one week out, the executive order barring imports of Canadian beer, wine and spirits takes effect. September thirtieth, federal funding expires, with hemp policy language still unresolved in Congress. November twelfth, synthetic cannabinoids are recriminalized federally and Missouri's own hemp restrictions begin. And December eleventh, the broader federal ban on consumable hemp products above zero point four milligrams of THC per container takes effect.

Full details and source links are in today's email. This update is for general information only — it is not legal advice.