Texas Republicans Approve Total Ban on Hemp-Derived THC Products

DALLAS-In a sweeping move that could reshape Texas’ booming hemp industry, the state House of Representatives has passed an amended version of Senate Bill 3 that bans all hemp products containing any form or amount of THC—including widely available Delta-8 and Delta-10 products.

The legislation, passed late Wednesday night, follows intense pressure from Republican Lt. Gov. Dan Patrick, who threatened to extend the legislative session if lawmakers didn’t advance a full THC ban.

“I’ve never been more passionate about anything,” Patrick said in a video posted to social media and reported by the Texas Tribune. “I’m not gonna leave Austin until we get this done.”

Full Ban on All Psychoactive Hemp

Originally designed to regulate hemp vapes and edibles, SB 3 was amended by Rep. Tom Oliverson to include a complete prohibition on hemp-derived THC, effectively criminalizing a large portion of the state’s existing hemp market.
As reported by CBS Austin, Oliverson argued that what started as a bipartisan agricultural initiative has been “hijacked by a cottage industry of unregulated THC sellers.”

“We are not banning hemp. We are banning high,” he said during floor debate.

His amendment would outlaw all psychoactive cannabinoids, including Delta-8, Delta-10, and other chemically converted forms of THC—compounds that have surged in popularity due to their perceived legal loophole under the 2018 federal Farm Bill.

Democrats Raise Medical Access Concerns

Several Democratic lawmakers voiced strong opposition, warning the bill would strip access to therapeutic products for thousands of Texans, particularly military veterans.
Rep. Josey Garcia, a veteran herself, said the move sets “a dangerous precedent,” according to CBS Austin.

“I’ve seen no deaths caused by THC in Texas,” she said. “And the worst thing we could do is sell out of more snacks.”

Rep. Gene Wu criticized the bill as regressive, telling colleagues the policy harkens back to outdated drug-war rhetoric.

“We’re still rehashing parts of Reefer Madness from the ‘50s and ‘60s,” Wu said, as quoted by CBS Austin. “We thought we’d grown. … But here we are, back again.”

Legal Battle Brewing

Lukas Gilkey, CEO of Hometown Hero and a member of the Texas Hemp Business Council, announced plans for a legal challenge should the bill become law. In a video posted on X and statements shared by the Council, Gilkey said lawmakers ignored “the voices of small businesses, farmers, veterans and consumers” who depend on these products.

The Council’s official statement criticized SB 3 for jeopardizing an entire industry that supports tens of thousands of jobs across the state.

Next Steps

SB 3 now returns to the Senate for reconciliation with the House’s amended version. If approved, it will go to Gov. Greg Abbott, who has not yet indicated whether he intends to sign the bill.

Texas’ hemp stakeholders remain in limbo—caught between shifting politics and the very real risk of a forced shutdown of their businesses in one of the nation’s largest consumer markets.

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HCN will continue to monitor this story and provide updates on legal action, enforcement, and implications for the national hemp industry. For more, subscribe to our newsletter at highlycapitalized.com.