It seems that a number of people do not want to have anything to with the issue. “It’s like a hot-button.”
Stephen Simpson of The Texas Tribune
Texas House measures that would have banned THC in all of Texas after several months’ worth of passionate debates, and tears-filled testimonies about the possibility of doing so are now stalled.
Senate Bill 6 which created a blanket prohibition on products that contain any “detectable” amount of any other cannabinoid than CBD and CBG – non-intoxicating parts of cannabis – hasn’t even been heard by a House Committee after it was approved August 19th. The House version of the legislation has also not been heard by its committee.
The ten days that a bill can sit dormant in a normal legislative session may not seem long, but since the state’s leadership has indicated the special session will likely end soon, legislators would need to be quick to take action on THC when they reconvene after the holiday Monday.
Texas’ hemp-derived THC will remain legal as long as lawmakers do not discuss further regulation or ban. However, they should enforce the current law that restricts the drug.
Lukas Glikey, the chief executive officer of Hometown Hero in Austin, a manufacturer of THC-derived hemp products, said: “It appears that a great many people do not want to have anything to deal with this.” “It is a hot topic.”
What is the status quo?
In Texas, the majority of THC-containing products are made with hemp cannabinoids. These were legalized both federally and in Texas in 2019. They come in many forms: smokable buds and vapes, oil and creams as well as baked goods, drinks and gummies. If lawmakers do not take action to regulate THC further or outlaw it, these forms will remain legal under current law.
Texas law, however, says the products may not contain more than 0.3 percent concentration of tetrahydrocannabinol, or THC, the intoxicating part of the cannabis plant that comes in forms known as delta-8, delta-9, and THCA. This has not been enforced because it is a burden on the criminal justice to test the products and issue citations for retailers that may have mislabeled packages. State law also has inconsistent and loose testing requirements.
Although the laws are not changing, they could be enforced more aggressively. Gilkey accused Texas Department of State Health Services of conducting raids on hemp manufacturing companies in revenge.
Clarified the state agency that inspects factories for sanitation and examines records to confirm that hemp contains less than 0.3% delta-9 THC. Staff does not raid businesses.
“DSHS conducts inspections randomly or ‘for cause’ due to information indicating a licensee may not be in compliance (e.g. Lara Anton is the spokeswoman for the agency. She said this in an emailed message. Due to the limited resources available and rapid growth of new licenses, we are currently aiming for inspections every five years.
There is currently no restriction on age for purchasing hemp-derived THC consumable products.
“Stay vigilant” until sine die
The upper chamber of the legislature has made three attempts this year to ban the vast majority hemp products in California, even those legal according to federal law.
It was Lt. Governor. Dan Patrick, R, and Sen. Charles Perry of Lubbock were among the lawmakers who deemed the products too dangerous to the public because they got into the hands children.
The ban was almost passed in the regular session. However, Gov. Greg Abbott, (R), vetoed it. Instead he called for regulations.
Abbott insisted that lawmakers regulate hemp like liquor by banning the sale near children’s play areas and preventing sales under 21. Any retailer who fails to follow this regulation will be subject to strict penalties. This proposed restriction has been largely accepted by the hemp sector.
Hemp supporters including chronically ill and veterans, opposed the veto, claiming that hemp was a more affordable and accessible option to medical marijuana. Patrick, a strong advocate of the THC prohibition, slammed the veto for an attempt to legalize cannabis used by adults.
“Senate Bill 6 has been a top legislative priority because the Texas Senate refuses to allow bad actors to use loopholes in agriculture law to flood our communities with potent, intoxicating products disguised as harmless treats,” said Patrick after the upper chamber passed SB 6. “Texans expect action—and the Senate will continue delivering until SB 6 becomes law.”
Patrick’s Office has been contacted by The Texas Tribune for comment.
Perry’s advocacy for a hemp ban was in opposition to Abbott’s suggestion that hemp be regulated. Perry said at legislative hearings, “Law enforcement is not equipped to even regulate the THC industry.” Perry also does not believe that the hemp industry wants to be regulated.
Heather Fazio of the Texas Cannabis Policy Center says that hemp supporters are watching the debates in the Legislature closely and will not declare victory until both chambers givel.
Everybody should remain vigilant. “The session isn’t over yet, but because this is a special meeting, the rules are different than during regular sessions, so for now, we will just stay vigilant until it’s over,” Cynthia Cabrera said, Chief Strategy Officer at Hometown Hero.
Cabrera says the recent attempts by the government to restrict access to THC in general are a perfect example of overreach. Texans should be more involved with local governments.
She said that the industry was ready to accept regulations and not bans, when or if they came.
If you are concerned about minors accessing the internet, pass a bill regulating age. This is a simple solution,” said the woman. You shouldn’t worry about the synthetics because they are illegal. This has been true since 2011. “It would be great to move past the hype and focus more on public safety and a consumer-oriented, high-quality approach.”
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/08/29/texas-thc-hemp-marijuana-ban/.
Brendan Cleak is the photographer.