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Justices will have to decide who has the final say on whether delta-8 THC is legal: the Texas Legislature or the Texas Department of State Health Services.
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Hemp advocates say raising annual licensing fees for retailers from $150 to $20,000 and for manufacturers from $250 to $25,000 would shutter small businesses.
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Texas' highest civil court is set to hear and rule on cases dealing with several hot-button issues, including hemp, gender-affirming care and the state's ban on abortions after detection of cardiac activity.
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The Department of State Health Services is considering new rules for the Texas hemp industry that would require child-resistant packaging, stronger warning labels, sharply higher fees and effectively ban smokeable flower and extracts.
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Fort Worth business owners worry the THC industry in Texas could be crippled after Congress closed a 2018 cannabis loophole.
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The suit says the KBI testing regimen improperly resulted in seizure of compliant goods.
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Kansas hemp growers and processors say the new, stricter federal law could derail the entire industry. The state has grown to one of the top five hemp producing states in the country.
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The executive director of the Kansas Bureau of Investigation recently told state lawmakers that they should outlaw drinks infused with tetrahydrocannabinol, or THC.
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Marijuana remains completely illegal in Kansas. On Wednesday, KBI and local law enforcement raided smoke and vape shops in Concordia, McPherson, Pratt, Salina, Topeka and Wichita accused of illegal retail drug sales.
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The age limit is expected to go into effect Tuesday after the Texas Alcoholic Beverage Commission approved the rule. Enforcement won't begin until Oct. 1.