“What they’re all screaming about is, ‘We want regulation, but we want it the way we want it.'”
Jasper Scherer is the Texas Tribune
Six years after Texas lawmakers inadvertently triggered the state’s booming consumable hemp market, one chamber of the Legislature is pushing to shut down the industry by barring products that contain tetrahydrocannabinol, or THC.
Even with Lt. Dan Patrick (R), Texas Senate Leader and powerful Republican, is adamant that the ban on THC will not be successful in the House. The hemp industry, however, has high hopes for the House.
The lower chamber has not been able to pass legislation to outlaw THC-containing products. This session, no House member filed a bill similar to Senate Bill 3 which prohibits any product containing THC. House leadership, like Speaker Dustin Burrows from Lubbock, has not commented on the issue.
Mark Bordas said the Texas Hemp Business Council is “cautiously confident” that House legislators will accept “thoughtful regulatory” measures such as limiting THC to Texans over 21 years old, requiring tamperproof packaging, or prohibiting sales in a specified distance from schools. Some people have suggested tighter, more uniform testing standards to ensure that hemp products are not contaminated with excessive THC.
Bordas added, “We believe that cooler heads will win out in the end.” We hope that the Legislature recognizes there are over 50,000 jobs, small businesses and lives at stake. Hemp is a solution for people who have alcohol and opioid problems.
Since 2019, the GOP-controlled Legislature has authorized the sale and consumption of hemp. The law passed in Texas one year after hemp became legal across the nation was designed to increase Texas’ agriculture. Hemp containing trace levels of the non-intoxicating THC delta-9, which is the psychoactive component of marijuana, could be sold commercially.
There is now a wide variety of hemp products available in Texas. These include gummies, beverages, vapes, and flower buds. They can be found at over 8,300 different locations, including dispensaries, convenience stores, and pharmacies. These products cannot contain more than 0.3% THC. Anything higher will be classified as marijuana and is illegal in Texas except for medical purposes. The hemp-derived products are similar in appearance, flavor, and even sometimes the effects of their potent cousin. The difference between hemp and marijuana is their THC content.
Charles Perry is a Lubbock Republican senator who authored the hemp-legalization bill for 2019. He says that lawmakers didn’t intend such a flood of edible products. SB 3 would prohibit the manufacture or possession of THC-containing products outside of the medical marijuana programs in Texas. Perry’s proposed bill would allow violators to spend up to one year behind bars for possession and between 2 to 10 for manufacture of these products. This is Patrick’s number-one priority this legislative session.
Perry said that at an SB 3 hearing held this week that hemp companies had “exploited”, and “to a point where it’s endangered the public health,” the 2019 law which he helped to pass.
“From a credibility perspective, the current industry providers—and there are several that are controllers of this industry—have shown not to be trustworthy,” Perry said. “And now what they’re all screaming about is, ‘We want regulation, but we want it the way we want it.'”
Perry says it’s time to put the “genie” back into the bottle.
The idea is not universally supported. According to critics, the Texas hemp industry, which generates $8 billion in tax revenue annually and roughly 50,000 full-time jobs would be eliminated by the proposed ban. Critics argue that a ban will not solve public health issues, but instead make them worse, by pushing consumers to an unregulated, black market and promoting access to more powerful products.
Bordas remarked, “You cannot cure alcoholism through the banning of light beer.” Hemp, the lighter beer among cannabis products. Does it not make sense that Texas’ THC issue is caused by high-potency cannabis with higher THC concentrations?
Perry’s supporters claim that high levels of THC are found in products sold at retail stores, even if they purport to fall below the legal limit. Steve Dye, chief of the Allen Police Department in north Texas, said recent undercover operations in his city found THC concentrations “that tested up to 78 percent” in some products—well above the 0.3 percent threshold. The manager of a shop that was raided has challenged the validity of search warrants, and the lab results.
Dye said to Senate legislators at a hearing Monday on SB 3 that labels do not always reflect actual THC levels in products. “This leads to accidents, overdoses and an increase of addiction, especially for our youth, with these psychoactive products,” Dye explained.
Texas’ hemp industry is currently not restricted by age or subjected to strict testing. SB 3 will ban THC-containing products but allow CBD, a non-intoxicating and non-psychoactive alternative. And it would place firmer restrictions on those products—along the lines of what hemp industry leaders propose for THC consumables, including barring sales or marketing to minors under 21 and requiring “tamper-evident, child-resistant, and resealable” product packaging.
Over the course of the hearing’s several hours, a large number of attendees urged Senators to adopt tighter regulation to limit high levels THC, instead banning products. The law enforcers cleared out the Senate gallery following multiple outbursts of attendees who cheered witnesses criticizing the Bill.
Senate gallery cleared of multiple outbursts and applause in opposition SB3 pic.twitter.com/nqRK3yX5ZX
— Texas Cannabis Collective (@txcannaco) March 3, 2025
Kevin Hale is the legislative coordinator of the Texas Libertarian Party. He said Perry’s Bill amounts to a “blatant” government overreach and that it “pulls away the rug” from hemp business owners, who “invested in storefronts and payrolls and marketing for six years.”
These products are demanded by your constituencies. “They are not harmful,” Hale stated. Liberals are for a transparent, free market. This bill pushes both consumers and providers back to the black market. Labels and ethics will be unchecked.
THC, found in cannabis, is said to be effective for treating pain, nausea, depression, and anxiety. The state’s Compassionate Usage Program (CUP) allows some Texans access to medical marijuana for conditions such as epilepsy and seizures. It also treats cancer, post-traumatic disorder, autism and other illnesses.
Despite some veterans using medical marijuana to treat PTSD or other conditions, a few veterans’ groups are opposed to Perry’s bill. In fact, some told the Senate committee on Monday that they would rather use THC-based products, available in everyday stores, because these were cheaper and more readily accessible.
David Bass is an Army veteran and founder of Texas Veterans for Medical Marijuana. He said that it was expensive to regulate the hemp sector. He called on lawmakers to back SB 3 and expand the Compassionate Use program in Texas.
Bass told reporters that he did not want his veterans using hemp derivatives. Bass said that veterans are unaware of what they take and do not use these products with the supervision of doctors.
Bass explained that Texas’s Compassionate-Use Program ensures “we are able to know precisely the source and formulation of each medication.” [The Department of Public Safety] We use CUP drugs under the guidance of our doctors.
Jervonne singletary is the senior director for government relations of Goodblend. Goodblend is one of Texas’ three medical marijuana suppliers. One of the reasons, said Singletary, is that the state program requires patients to navigate so many hurdles to receive and place orders. Some may choose to just pick up THC from the nearby gas station.
Singletary said that hemp companies can now locate themselves anywhere in the state. Singletary explained that they could even be right near your child’s elementary school. Singletary said, “Most stores cannot do this, we can certainly not do that and we believe it makes sense to get them on board.”
SB 1505, another Perry bill that would address the same issue, allows medical marijuana providers operate satellite storage units to help patients access their prescriptions. This bill also would double the number of licensed medical marijuana dispensaries, from three to six.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/03/05/texas-thc-ban-hemp-senate-bill/.
The Texas Tribune’s nonpartisan, member-supported media outlet informs Texans and encourages them to engage in state politics. Visit texastribune.org to learn more.
Texas Judge rejects the Attorney General’s attempt to reverse Dallas Marijuana decriminalization law approved by voters