Texas’ fast-growing hemp industry just dodged another bullet. THC gummies, Delta-9 drinks, and jars of cured cannabis will remain on store shelves without legal age restrictions after state lawmakers once again failed to agree on regulating or banning intoxicating hemp products. The Texas Legislature wrapped up its second special session without even adopting a proposed age limit of 21 for hemp sales. While many retailers voluntarily card customers, the lack of state action means Texans of any age can still legally purchase hemp-derived cannabinoids containing low levels of THC.
Lt. Gov. Dan Patrick has made the issue a personal crusade. “My position remains unchanged; the Senate and I are for a total THC ban,” he wrote on X, calling the fight one of the most important of his career. He reiterated in June that he has no plans to legalize marijuana in Texas, even after Gov. Greg Abbott vetoed the first attempt at a ban passed by the Legislature.
Hemp, Marijuana, and THC Confusion
Hemp and marijuana are the same plant separated only by law. Hemp contains less than 0.3% Delta-9 THC, the primary psychoactive compound in cannabis, while marijuana contains higher concentrations. Yet cannabis also has more than 100 other cannabinoids that remain legal, including THCA, which converts to Delta-9 THC when heated. This legal quirk has allowed a booming retail market to flourish in a gray zone.
Nearly 9,000 retail locations from gas stations to smoke shops are registered with the state to sell consumable hemp products, including more than 500 in Travis County alone. During the latest session, the Senate again passed a sweeping ban on cannabinoids, but the House never even took up the bill in committee. That left proposals from Rep. Briscoe Cain, who suggested banning smokable cannabis, and Rep. Charlie Geren, who wanted an age limit, dead on arrival.
THC Market Still Wide Open
Since Texas legalized hemp in 2019, the state’s hemp economy has grown into a multibillion-dollar industry. Lobbyists for legal marijuana were relieved to see the THC ban fail but frustrated lawmakers refused to pass age restrictions or stronger consumer protections. Heather Fazio of the Texas Cannabis Policy Center argued that Patrick’s all-or-nothing stance has actually made it easier for minors to obtain THC products.
For now, unless Gov. Abbott calls another special session, Texas’ hemp market stays wide open. Brightly packaged gummies, infused drinks, and smokeable flowers containing legal amounts of THC remain untouched at least until the next round of legislative battles.