“Throw the lowlifes in jail if you want to stop the bad actors… Don’t take out the ag producers.”
The Texas Tribune, Jayme Lozano carver
Texas legislators opened the door six years ago to an alternative source of income for Texas farmers. Growing hemp. Farmers spent time, land and money to grow the drought resistant crop. They also developed the state’s growing hemp industry.
Now, the same legislators are closing down doors. All products containing tetrahydrocannabinol, or THC, could soon be banned in Texas. Farmers are preparing for the impact of this ban as they prepare to close their businesses.
Ann Gauger of Caprock Family Farms, Lubbock said: “We wouldn’t be in hemp business for a million-years if this bill had not been passed.” We’re now one of the biggest hemp producers in America, but their ban will shut us down.
Charles Perry, a Lubbock Republican Senator, authored Senate Bill 3 which will be passed in the near future. This bill effectively kills Texas’ hemp industry as it is currently known. In a move that was made on Sunday, the Texas Legislature forwarded the Senate Bill 3, which prohibits the sale of hemp products containing even traces amounts THC to the Governor. Greg Abbott‘s (R) desk. Farmers say that hemp cannot be produced with no traces of THC.
Since the beginning of the session, the plant has become a focus for legislators. The Lt. Dan Patrick, (R). Patrick did everything he could to ensure the ban was passed, even making surprise visits to Austin dispensaries and threatening a special legislative session in the event it didn’t. Patrick and Perry claim that the hemp industry took advantage of a loophole within the bill, which did not set a standard for the derivatives made from hemp other than delta-9-THC.
Sid Miller of the Texas Department of Agriculture has backed down from his initial opposition to an outright THC ban, and now supports Patrick’s position. Miller deleted a comment he made on X in which he called a THC ban a sledgehammer to farmers. Now, Miller says the bill won’t be harmful to farmers. Miller stated that the hemp sector will flourish as it moves towards producing industrial hemp. This is a type of hemp which does not contain THC. The hemp fiber could be made into construction materials, ropes and other products. He stated that THC was never meant to be made available throughout Texas.
Miller said to The Texas Tribune, “This is just a return to the beginning.” Miller told The Texas Tribune that the move would be harmful to many businesses who built their model of business around THC. They will close down.”
Growing operations like Gauger’s were in the crosshairs of lawmakers who sought a ban. Gauger’s husband, two sons and she run the company together. She felt like the Legislature ignored them. Gauger said they have done everything possible to ensure that lawmakers are aware of their concerns over the past months. They also testified in front of the House Committee overseeing the Bill. It didn’t work.
Charles Perry claims to have an open-door policy. Gauger declared that this was a complete lie. We live in his area, but he won’t see us. He won’t even see us when we go to his Austin office.
Gauger stated that House Speaker Dustin Burrows, R-Lubbock and his team was the only one to talk with the family. Kyle Bingham, another South Plains hemp farmer who took a risk on the crop, is also frustrated. Bingham – who is president of Texas Hemp Growers Association – called the bill unenforceable and overreaching. He said that lawmakers who were involved in the writing of the bill had ignored farmers throughout the process. Bingham is a Perry constituent.
Bingham stated, “We weren’t included in this discussion.” You can certainly attend public meetings, but you won’t have much to say.
Patrick has been a vocal opponent of THC, claiming that the products are dangerous for children. Gauger admits that there are some bad actors within the cannabis industry but believes the bill has a ripple affect. This industry includes hemp processors, manufacturers and extractors.
Gauger stated, “If you want to stop bad actors from acting out then put the lowlifes behind bars.” Gauger said, “But do not take the American farmers out.” Do not take away the agriculture producers.
Adults could face up to one year in prison for owning hemp-based products that contain any level of THC. This has put a stop to all of Gauger’s plans—the family farm was set to plant a large project that would produce 20 million pounds of CBD biomass. Gauger fears she will be in violation of the law since CBD is made from hemp seed. The crop wouldn’t be harvested until October, one month after the new law takes effect.
Gauger added, “We are felons for planting that plant.” The land has already been prepared, and herbicides have already been sprayed. After you’ve done that, it is impossible to plant any other crops on the land.
Bingham finds himself in the same situation. In the area that is ravaged by drought, he uses only about five percent of his 2,000-acre farm to grow hemp. If it becomes illegal to have detectable levels of THC on the farm, he’ll be forced to give up his investment.
Bingham stated, “At this stage they are threatening me with a felony. I am out.” I’m not going to risk a felony for this and most Texas farmers will also stop growing.
Bingham is now thinking about what he will do come September, when the new law takes effect. Bingham will have to sell any THC-containing products by September or burn them. He will focus on wheat and cotton, despite wanting hemp in the rotation.
Gauger expects a decline in the hemp industry throughout Texas. The same goes for grocery stores and retailers who sell hemp consumables. This includes hemp hearts, hemp seed oil and even some big brands—KIND bars have a line of granola bars that contain hemp seeds.
Perry’s staff did not answer a comment request.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/05/26/texas-hemp-thc-ban-farmer/.
The Texas Tribune, a nonpartisan and member-supported newsroom that informs and engages Texans about state politics and policies. Visit texastribune.org to learn more.
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