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Texas Lawmakers Introduce a House Bill that Bans Hemp THC despite Governor’s regulation

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A new House companion bill to SB 5 has been filed—mirroring a Senate proposal that would ban any hemp consumables containing THC, while Governor Abbott continues backing a regulatory approach instead.

House Moves to Match the Senate

Representative Gary VanDeaver filed House Bill 5, identical to Senate Bill 5, the Senate-sponsored measure seeking to outlaw consumable hemp products with detectable THC—including Delta‑8 and Delta‑10—while allowing only CBD and CBG products. Violators could face Class C misdemeanors for possession and third-degree felonies for manufacturing or distributing these products. Sales to persons under 21 would carry Class A misdemeanor penalties  .

Governor Abbott reiterates his regulatory position

Abbott vetoed a previous statewide ban (SB 3) in June and continues to advocate for regulations—not prohibition—on hemp THC products. He supports limits such as 3 mg THC per serving, age restrictions, warning labels, testing standards, and oversight similar to alcohol rules  .

Senate Bill Advances amid Debate

Senate Bill 5 was unanimously passed out of the committee. It is now headed for a vote in front of the full Senate. Lt. Gov. Dan Patrick—author of the bill—argues regulation is ineffective without full bans, emphasizing the need to protect minors from psychoactive hemp products  .

Public testimony and grassroots backlash

At a Bryan town hall, representatives from Texas A&M, veterans groups, and hemp retailers voiced concerns. Marine Corps veterans emphasized hemp’s importance in treating pain, while small-business owners warned that the ban would cripple legitimate businesses. They called for sensible rules instead of blanket prohibition  .

Policy crossroads: ban versus regulate

Texas is at a turning point: some lawmakers press for a full ban to close the 2018 Farm Bill loophole, while others—including the governor and reform advocates—push for targeted regulations to preserve the hemp economy without exposing consumers to harm.

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