Texas has taken one step closer to becoming the latest US state to impose a blanket ban on intoxicating hemp products, a move which could destroy ‘90-95%’ of the state’s thriving hemp industry.
Senate Bill 3 was approved by the Texas Senate last week with an overwhelming majority. It would have prohibited retail sale in Texas of all other cannabinoids except CBD or CBG.
If the House passes the bill, Delta 8, Delta 9 and other intoxicating THC products, such as beverages, would be completely banned. This would have a devastating impact on the $8bn THC industry, and tens thousands of jobs.
SB3 first came forward by Texas’ lieutenant Governor, Dan Patrick, in December 2024. This bill is intended to implement a Texas law that was passed in 2019. It allows for the marketing of hemp with trace amounts non-intoxicating THC.
The law allowed for the cultivation, manufacturing, sale at retail, inspection, and production of industrial hemp products and crops in Texas as long as they were below or equal to the delta-9 THC 0.3% threshold.
It included edible hemp products, like cannabidiol. Patrick claims that some retailers exploit loopholes to sell products with dangerous levels of THC to minors.
Patrick stated in a press release following the vote that “Retailers across Texas exploited a Texas state law on agriculture to sell dangerous, unregulated Tetrahydrocannabinol to Texans including children.”
These stores, which target children in their advertising campaigns, have appeared across the state and are a threat to the safety of the communities. Texas Senate passed SB 3 today, which will ban any form of THC that is intoxicating.
The US Hemp Roundtable noted concerns surrounding unregulated products and youth protection, but argued that ‘prohibition has never worked’.
The report continued: “It could wipe out an industry, destroy jobs, and force consumers into unregulated market where there is no ID check, no testing, or oversight.”
The testimony of scientists and farmers showed that SB 3 cannot be implemented because the THC levels are too high. This bill has no chance to pass.
The right way to go is to enforce stronger laws on hemp products. Age limits are necessary in order for minors not be exposed. However, an outright banning of the product would be wrong. Texas, instead of implementing common sense regulations that will protect consumers while also holding businesses accountable, should take the example set by other states.
House Bill 28 is a separate bill that has been introduced by the House. It seeks to regulate rather than outright ban the market.
If HB28 was passed, both chambers would need to come up with a solution that is acceptable before it could be made law.