AUSTIN, Texas – A new bill making its way through the Texas Senate could ban all forms of THC in consumable hemp products —including delta-8, which has become a popular alternative to marijuana.
The Senate State Affairs Committee considered the bill on Monday, sparking a heated debate between lawmakers, industry representatives, and consumers.
Supporters say it’s about cracking down on an unregulated industry, while opponents worry it could hurt small businesses and limit consumer choices.
“I think it’s important to really see the benefit to people who are not taking advantage of it and I think that there are a lot of ways for us to regulate especially the chemicals and the nastiness that goes into a lot of products. It’s not necessarily across the board because it’s something we take very seriously in the products that we sell in our store,” Erika Sanchez said.
Senator Charles Perry, who authored SB 3, argues that the hemp industry has failed to self-regulate and has exploited loopholes in state law, creating a public health risk.
“The reason we are here today is because an industry that has shown itself not to be trustworthy has exploited this issue to the point that it has endangered public health,” Perry said. “If they’re making $8 billion in sales, they can afford to be licensed and have manufacturing fees to support the enforcement side.”
The bill would impose strict penalties on manufacturers and sellers, including a third-degree felony for producing or distributing consumable hemp products containing THC. It would also create misdemeanor offenses for marketing hemp products in ways that appeal to minors, selling near schools, and delivering such products via mail.
Additionally, it would increase licensing fees for legal cannabis producers, requiring an annual $10,000 licensing fee to fund enforcement efforts.
The bill’s supporters argue that it will improve access for patients who struggle to obtain medical cannabis under the current system.
Elizabeth Banks, who suffered a traumatic brain injury in a car accident at age 14, shared how full-spectrum CBD and THC helped her manage severe muscle spasms and insomnia when traditional pharmaceuticals failed.
“Nineteen years post-accident, I found my hope in full-spectrum CBD and THC,” she said. “All of the hundreds of cannabinoids came together to help my muscle spasms. I no longer require Botox injections.”
Perry remains firm on his stance against intoxicating hemp products.
“We tried to let the industry regulate itself,” he said. “They’ve proved they can’t, they don’t want to, and they won’t. It’s time to fix it. California banned synthetic hemp on this stuff, and a couple of others have done the same thing. It’s time for Texas to follow suit.”
“Four years ago, I began using high-quality hemp-derived consumables. Within just two months, I was off all prescription medications except my diabetes meds. The 11 drug interactions that once sent me to ERs and hospitals simply vanished. I transformed from a man burdened by thousands of pills into a high-functioning individual, a better husband, father, and person, all thanks to these products. I stand before you today to ask please do not ban a product that has given me and countless others a second chance at life,” John Jowers, a disabled combat Marine said.
As the legislative debate continues, the fate of both bills remains uncertain. If SB 3 is passed, it could drastically reshape Texas’s hemp industry, while SB 1505 could expand access to medical marijuana for patients who need it most.
It’s called SB 3 and is being pushed by Senator Charles Perry, who says the hemp industry has gotten out of control and needs stricter rules. If passed, it would make selling or even possessing certain hemp products a serious crime—think felony charges in some cases.
Here’s what SB 3 would do: It would make it a third-degree felony to manufacture or sell consumable hemp products that contain THC. That includes delta-8, which is already in kind of a legal gray area. The bill also creates new misdemeanor charges for things like marketing these products to minors, selling them near schools, and even shipping them by mail.
RELATED: Lt. Gov. Dan Patrick wants to ban all forms of consumable THC in Texas
Senator Perry argues that companies have taken advantage of loopholes, leading to an explosion of high-potency THC products in Texas. He also wants to raise licensing fees for legal hemp producers—he says if the industry is making billions, they should be helping to pay for enforcement.
But at the same time lawmakers are looking to crack down on hemp, they’re also considering expanding Texas’ medical marijuana program.
Another bill, SB 1505, would allow more companies to produce and sell medical cannabis, and it would increase the amount of THC allowed in treatments for patients with conditions like PTSD and cancer.
SB 3 has to pass through the committee, then the Senate and the House before it could possibly make it to the Governor’s desk.