Texas advocates for regulated cannabis say a provision tucked into the U.S. Senate’s spending bill to reopen the government would effectively ban many THC‑containing hemp products nationwide, undoing years of state‑level rules and threatening businesses and consumers.
The amendment, backed by Texas Lt. Gov. Dan Patrick, would prohibit a range of consumable hemp items — including many delta‑8 and some delta‑9 gummies, drinks and vapes — and would take effect about a year after enactment if President Trump signs the bill. Supporters of the provision say it would close a loophole left by the 2018 farm law and help prevent substance misuse. Opponents call for state‑by‑state regulation.
“If this becomes law, pulling the rug out from under businesses that have operated legally for six years will cost tens of thousands of jobs,” Heather Fazio, director of the Texas Cannabis Policy Center, said in an interview. “We are safer with a legal and regulated market for cannabis. Consumers are safer, there’s more accountability, and we can ensure public health and safety.”
Fazio warned the federal move could criminalize everyday Texans by overriding hemp regulations in more than two dozen states, exposing people to arrests, criminal records and collateral consequences that can affect education and employment.
The measure split Texas’ U.S. senators: Sen. John Cornyn supported the amendment, while Sen. Ted Cruz voted against it, urging a state‑by‑state approach.
At a Stafford dispensary, owner Sandra Campbell said the proposal would have immediate, personal consequences. Campbell said she opened her shop in part to support her daughter, Amber, who suffered severe complications after a medical procedure and now uses CBD products to manage symptoms.
“Amber is the reason I got into this business,” Campbell said. “She has auto‑immunity. She had a medical procedure. Two days later, she was a quadriplegic. As you can see now, she’s a paraplegic. And so we’ve been on this journey since then.”
Campbell and other business owners say a federal ban would erase livelihoods for thousands of entrepreneurs, shut storefronts and remove products families rely on for sleep pain relief and other health reasons. Campbell estimated the industry impact could affect more than 230,000 people.
Advocates say regulation, not prohibition, is the answer: they support age restrictions, marketing standards to limit youth appeal and safety rules set at the state level. They also note the federal amendment would not affect Texas’ Compassionate Use program, which allows qualifying patients to obtain medical marijuana with a doctor’s recommendation.
The spending bill is a must‑pass measure aimed at ending a partial government shutdown, and critics have faulted lawmakers for inserting wide‑ranging policy changes into the package. The spending bill was signed by President Trump on Wednesday.