A new chapter in Texas’s cannabis regulation could be on the horizon, as Senate Bill 5—legislation that would ban intoxicating cannabinoids like THC—is making its way through the state legislature. Passed by the Senate on Friday, the bill is now headed to the Texas House of Representatives for further debate and a vote. If approved there, it will land on Governor Greg Abbott’s desk for final consideration.
Senate Bill 5 specifically aims to prohibit the sale of intoxicating hemp-derived products such as Delta-8 and Delta-9 THC, which have grown increasingly popular in recent years due to a loophole in federal and state law.
However, the bill still permits the sale of non-intoxicating cannabinoids like CBD (cannabidiol) and CBG (cannabigerol), which are often marketed for their potential wellness benefits without the psychoactive effects commonly associated with THC.
This isn’t the first time Texas leaders have debated banning THC-related products. Governor Abbott vetoed a similar THC ban during the regular legislative session, expressing a preference for a more regulatory approach rather than an outright ban. He suggested that intoxicating cannabinoids be treated in a similar manner to alcohol—regulated, taxed, and controlled rather than entirely prohibited.
Retailers, hemp farmers, and cannabis advocates across the state are watching the progress of SB5 closely. Many in the industry argue that an outright ban on THC products could have severe economic consequences, particularly for small businesses that rely heavily on the sale of hemp-derived THC to stay afloat. Others, including public health officials and some lawmakers, argue that the growing availability of intoxicating hemp products—often sold in gas stations and smoke shops—raises safety concerns, particularly around youth access and lack of regulation.
With the Texas House now taking up the bill, the outcome could shape the future of cannabis-adjacent products in one of the largest markets in the U.S. If passed, Texas would join a growing list of states tightening restrictions on Delta-8, Delta-9, and similar substances, signaling a shift toward more controlled cannabis legislation nationwide.
For now, all eyes are on Austin as voters, retailers, and advocates await the House's decision—and potentially, Governor Abbott's signature.
