By Timothy S. Donahue
Key points:
- The Texas House passed Senate Bill 3 (SB3), aiming to ban all consumable hemp-derived THC products, including delta-8 and delta-9 THC.
- The bill, championed by Lt. Gov. Dan Patrick, now awaits final Senate approval and Governor Greg Abbott’s signature.
- Industry stakeholders warn the legislation could devastate Texas’s $4.3 billion hemp industry, affecting over 50,000 jobs.
On May 21, 2025, the Texas House approved SB3, a bill that would prohibit the sale and possession of consumable hemp products containing any form of THC, such as delta-8 and delta-9. The legislation, which had previously passed the Senate, now returns there for concurrence on minor amendments before potentially reaching Governor Abbott’s desk.
Lt. Gov. Dan Patrick has been a vocal proponent of the bill, asserting that unregulated THC products pose significant public health risks, particularly to minors. “If it gets you high, it is not legal anymore,” stated Rep. Tom Oliverson, who introduced a key amendment restoring the bill’s original prohibitionist language.
Opponents argue that the ban undermines a thriving industry that has operated legally since the 2019 federal legalization of hemp. The Texas Hemp Business Council estimates the hemp sector contributes $4.3 billion in retail sales, supports over 53,000 jobs, and generates $268 million in tax revenue.
Veterans and medical users have also expressed concerns. Dave Walden, incoming State Commander for the Texas Veterans of Foreign Wars, emphasized the therapeutic benefits of hemp-derived products: “They helped us function, connect, and rebuild.”
Rod Kight, a globally renowned cannabis attorney, said that Texas has long been considered a haven for hemp products, including the burgeoning hemp-derived beverage and THCa flower categories.
“Texas will lose its place as a leader in progressive and sensible hemp policies if SB3 becomes law,” said Kight. “There may not be much that the hemp industry can do to stop the legislature from enacting SB3 … If this bill passes, a lawsuit will likely follow, but that is an issue for another day. For now, call your representatives.”
If enacted, SB3 would take effect on September 1, 2025. Violations could result in severe penalties, including third-degree felony charges for manufacturing or selling prohibited products.
Industry groups are urging Governor Abbott to veto the bill, citing economic and personal freedom concerns. Legal challenges are also being considered, with stakeholders arguing that the ban contradicts federal law and infringes on consumer rights.
As the final decision looms, Texas’s hemp industry faces uncertainty, with many businesses contemplating relocation or closure in response to the potential regulatory overhaul.
