BREAKING: Texas Senate Passes Bill to Ban Hemp THC

DALLAS–The Texas Senate has taken a major step toward banning consumable hemp products that contain THC or other intoxicating cannabinoids, a move that could severely impact an $8 billion industry employing approximately 50,000 workers. On March 19, the Senate passed Senate Bill 3 with a 24-7 vote, marking a significant shift in the state’s approach to hemp regulation. The bill, championed by Sen. Charles Perry (R-Lubbock) and backed by Lt. Gov. Dan Patrick, now moves to the Texas House for consideration.

If enacted, S.B. 3 would roll back key provisions of House Bill 1325, a 2019 law that allowed for the production, manufacturing, and sale of industrial hemp products in Texas. HB 1325 followed the federal government’s legalization of hemp under the 2018 Farm Bill. Initially intended to foster agricultural and industrial hemp markets, the law also opened the door for consumable hemp-derived products, including those with cannabinoids like delta-8 THC, which quickly gained popularity.

Sen. Perry argued that the original legislation had been misused, with companies taking advantage of regulatory gaps to produce and sell high-potency synthetic THC products. He claimed that the market had been flooded with chemically altered cannabinoids, which he characterized as harmful and beyond the original intent of the law.

While federal law defines hemp as containing no more than 0.3% delta-9 THC on a dry-weight basis, it does not regulate finished products such as edibles and vapes containing delta-8 THC. Delta-8, a compound with intoxicating effects similar to delta-9 THC, is often synthesized from CBD isolate extracted from hemp. Its rise in popularity has led to legal battles and calls for stricter regulation across the country.

Under S.B. 3, hemp license holders in Texas would be prohibited from manufacturing consumable products with any cannabinoid other than nonintoxicating CBD or CBG. This effectively bans delta-8 and hemp-derived delta-9 THC products, which have formed a substantial part of the state’s hemp industry. The bill also imposes strict labeling requirements, mandating certification that additional cannabinoids in a product do not exceed 0.0001% by dry weight. Furthermore, products must be sold in child-resistant packaging.

Supporters of the legislation argue that banning these products is necessary to protect public health and curb potential addiction-related issues. Lt. Gov. Patrick emphasized the urgency of the matter, stating that taxation and regulation would not be enough to address the social and health consequences of these substances. He held a press conference surrounded by law enforcement officials, declaring that the bill was essential for public safety and that THC-infused products, including those found in liquor stores, should be completely removed from the market.

The bill introduces strict penalties for violations, including:

• A third-degree felony for manufacturing or selling hemp products with cannabinoids other than CBD or CBG.
• A misdemeanor for possessing hemp products with any intoxicating cannabinoid.
• A misdemeanor for shipping or mailing consumable hemp products containing any form of THC.
• A misdemeanor for marketing or selling hemp products to minors or near schools.
• A misdemeanor for distributing or selling smokable products like THCA flower.

Despite strong support from state leadership, the bill has drawn sharp criticism from hemp industry advocates and cannabis policy reform groups. The Texas Cannabis Policy Center (TCPC) accused lawmakers of relying on misinformation and fear tactics to justify the ban. According to the TCPC, the state’s prohibitionist stance has fueled demand for converted cannabinoids, and a more effective solution would be to legalize and regulate naturally occurring THC products rather than driving consumers toward illicit alternatives.

The advocacy group also pushed back against claims that hemp retailers target minors or that their products are inherently dangerous. They pointed out that Lt. Gov. Patrick’s own visit to an Austin-based hemp retailer demonstrated that businesses comply with existing regulations, requiring ID verification and refraining from selling noncompliant products.

As debate over S.B. 3 continues, its impact on Texas’ growing hemp industry remains uncertain. If the bill becomes law, thousands of businesses may be forced to close, leading to job losses and a shift in the state’s economic landscape. Opponents argue that instead of an outright ban, the state should focus on implementing responsible regulations to ensure product safety while preserving the economic benefits of the industry. Whether the Texas House will uphold or challenge this Senate-backed effort remains to be seen.