HOUSTON – A newly introduced bill in Texas is reigniting concerns over the future of hemp-derived products. During a special legislative session, lawmakers introduced Senate Bill 5, a proposed law that would ban any detectable amount of THC, and regulate other cannabinoids.
A renewed push for THC restrictions
This isn’t the first attempt to heavily restrict cannabinoids in Texas. In June, Governor Greg Abbott vetoed Senate Bill 3, which sought to ban all hemp products containing THC, CBD, or CBG. That veto was celebrated by hemp farmers, small business owners, veterans, and patients who rely on these products to manage conditions like pain, anxiety, and PTSD.
However, with the special session underway, lawmakers are trying again—this time with SB 5.
What’s in Senate Bill 5?
Introduced by Senator Charles Perry, SB 5 would:
- Make possession of any amount of THC a Class A misdemeanor
- Ban products with any detectable cannabinoids outside of legal amounts of CBD and CBG
- Restrict the sale of legal CBD and CBG to those over 21
The proposal is facing pushback from dispensary owners and advocates who say the focus should be on regulation—not prohibition.
“As soon as the special session starts, they introduce essentially the same bill with the same language,” said Adyson Howard, owner of Wild Concepts Dispensary.
“We have hardworking Texans coming in every day getting the products they need and just living their lives.”
Industry calls for regulation over ban
Many in the hemp industry are urging lawmakers to regulate cannabinoid products rather than ban certain cannabinoids altogether. They point to the nearly $5 billion industry and say tax revenue from hemp sales could fund oversight and enforcement.
“We’ve always been for regulation,” Howard added. “Age-gating products for 21 and up, controlling packaging, and restricting synthetic THC like Delta-8—we support that. And we agree with the governor’s call to regulate, not ban.”
Governor Abbott’s position
In a statement to KPRC, Governor Abbott reiterated his support for regulation over prohibition. While he believes stronger oversight is necessary, he does not support a full THC ban.
Legal concerns and regional precedent
During the session, lawmakers also discussed a similar law passed in Arkansas in 2018, which faced legal hurdles. It was ruled unconstitutional in 2023, but upheld by the U.S. Court of Appeals just yesterday, adding new weight to the debate in Texas.
The future of hemp-derived cannabinoids in Texas remains uncertain, but one thing is clear: the conversation is far from over.
