An effort to rein in the proliferation of hemp-derived THC products in Texas has failed for now — but the battle isn’t over. The clash highlights the tension between regulation, consumer access, and a fast-growing industry built on hemp cannabinoids.
When hemp was legalized federally in 2018, the Texas Legislature followed with House Bill 1325 in 2019. Like the federal definition, it set a maximum delta-9 THC level but ignored other forms such as delta-8 and the potential to create more delta-9 after harvesting through cannabinoid manipulation. Manufacturers quickly took advantage of these loopholes, and shelves across Texas soon filled with gummies, vapes, and beverages infused with hemp-derived THC.
Late last year, Lieutenant Governor Dan Patrick announced support for a bill banning all forms of hemp-derived THC sales in Texas. Governor Greg Abbott ultimately vetoed that measure in June, preferring to place the issue on a Special Session agenda for further study.
Enter Senate Bill 5, a revival of SB3, and SB6, which together would have made consumable hemp products containing any cannabinoid other than CBD and CBG illegal. These proposals represented the most aggressive push yet to restrict hemp-derived THC in the state.
However, Patrick admitted late last week that the effort to ban hemp-derived THC had failed at least for now. “After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” he said Thursday. “My position remains unchanged; the Senate and I are for a total THC ban.”
The forces at work on both sides shouldn’t be underestimated. The hemp-derived THC sector in Texas is worth billions and supports tens of thousands of jobs. The Texas Hemp Business Council welcomed news of the thwarted ban, thanking Governor Abbott, Speaker Dustin Burrows, and House members for “protecting an important Texas industry” that supports 53,000 jobs and generates $10 billion annually.
According to the group, a successful ban on hemp-derived THC would have also slashed state tax revenue by $267 million. Instead, the organization advocates for “sensible” regulations such as limiting sales to customers 21 and older, requiring child-resistant packaging, and creating setbacks from schools.
For now, hemp-derived THC remains legal to sell in Texas but with powerful political players pushing for a total ban, the fight over these products is far from finished.
