Charles Perry, R, Lubbock state senator, has filed legislation that, if passed, would deal a fatal blow to Texas’ multibillion-dollar industry of hemp.
Senate Bill 3 aims to prohibit all hemp-based products that contain any type of THC, while retaining the low-THC medical marijuana program in the state. This includes a cap on THC at 1% under the Compassionate Use Program.
According to the bill, holders of licenses would be prohibited from manufacturing consumable hemp-based products that contain any cannabinoid except nonintoxicating CBD and CBG. The bill would ban products that contain delta-8 and delta-9 THC from hemp.
Texas Lt. Governor Dan Patrick listed S.B. Dan Patrick, who listed S.B.
The stores were not only selling to adults. They also targeted Texas’ children, exposing them to high levels of THC.
Texas’ Lieutenant governor lists THC ban as top priority for 2025
House Bill 13,25 (2019) was approved by the Texas Legislature to permit the commercial production, processing, retail sales, inspection, and manufacturing of industrial hemp plants and products in response to the federal legalization hemp under the Farm Bill 2018. Perry was the main sponsor of the Senate version of the 2019 legislation.
The Texas Agriculture Code defines hemp as any cannabis plant, or derivatives, that contains less than 0.3% by weight of THC. A single 10g gummy, for example, can contain a high amount of THC, up to 30mg, and still be compliant.
Perry officially submitted S.B. Last week, Texas Cannabis Policy Center issued a release stating that the bill, which includes several reasonable amendments to the state laws related to consumer safety and youth access, ultimately returns Texas to the prohibition era.
The release says: “We agree with the senator that youth have access to potentially harmful products and we are against banning THC use by adults for responsible purposes.” This ban will abandon all opportunities to enforce regulation and would give this industry a multi-billion dollar boost.
The Texas hemp market was worth $8 billion and supported roughly 50,000 workers in 2022. Projections suggest that this industry will reach a value exceeding $10 billion in 2025.
In order to qualify for a purchase of a consumable product made from hemp, a buyer must be over 21. The law also requires that the packaging be child-resistant. The packaging, the marketing and any advertising must not target children. Also, retailers cannot operate within 1,000 feet from a school.
S.B. According to S.B. The labels would have to state the percentage of CBG or CBD and that other cannabinoids present are less than 0.0001% by dry weight.
There are also criminal sanctions, such as:
- It is a crime of the third degree to manufacture or distribute hemp products containing cannabinoids that are not CBD or CBG.
- The aforementioned Possession of hemp products containing cannabinoids that are not CBD or CBG is a Class A infraction.
- Ship or mail a hemp consumable product containing any cannabinoid.
Marketing or selling hemp-based products near or to schools or minors would also be a crime, just as distributing and selling smokable items like THCA flowers.
While Texas industry stakeholders—like TCPC and the Texas Hemp Business Council—support age-gating consumable hemp products to those 21 and older, requiring child-resistant packaging, and including the 1,000-foot setback from schools, they oppose the prohibition principles that make up the foundation of the legislation.
The bill will become effective on September 1, 2025, if it is enacted.