Texas could see a seismic shift in its hemp industry as Sen. Charles Perry, R-Lubbock, moves forward with legislation that would effectively ban all consumable hemp products containing THC. If passed, Senate Bill 3 (S.B. 3) could dismantle a multibillion-dollar market while keeping the state’s limited medical cannabis program intact.
A Major Blow to Texas’ Hemp Industry
S.B. 3, filed on Feb. 20, seeks to outlaw any consumable hemp product that contains THC in any form. The bill would strip away a lucrative industry that has thrived under the state’s 2019 industrial hemp law, which allowed retailers to sell low-THC hemp products.
For businesses and consumers, the implications are massive. License holders would be prohibited from manufacturing or selling hemp-derived cannabinoids, except for nonintoxicating CBD and CBG. That means popular products containing delta-8 and delta-9 THC, both derived from hemp, would be completely banned.
Texas’ hemp market has been a thriving industry, bringing in billions in revenue. Many small businesses and farmers rely on the production and sale of hemp-based products. If this legislation passes, it could force businesses to close, cut jobs, and send consumers looking for alternatives across state lines.
Lt. Gov. Dan Patrick Backs the Crackdown
Lt. Gov. Dan Patrick has made it clear: shutting down intoxicating hemp sales is a top priority. He first introduced the idea in December, accusing retailers of manipulating the state’s 2019 hemp law to sell “life-threatening, unregulated forms of THC.”
“These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC,” Patrick said. His comments suggest a deep concern over accessibility, particularly among minors.
Texas has long maintained a conservative stance on cannabis, with one of the most restrictive medical marijuana programs in the country. While several other states have embraced full legalization or at least decriminalization, Texas is moving in the opposite direction, potentially tightening regulations even further.
What Would Be Allowed?
Despite the sweeping ban, the state’s low-THC medical cannabis program would remain intact. Under Texas’ Compassionate Use Program, patients can access medical cannabis with a THC cap of 1%.
This means:
- Medical cannabis patients would still be able to get low-THC products.
- Recreational use of THC products—already illegal in Texas—would remain criminalized.
- All consumable hemp-derived THC products, including delta-8 and delta-9, would be outlawed.
The bill differentiates between CBD and CBG, which are seen as nonintoxicating, and THC, which has psychoactive effects. While supporters argue the move is necessary for public safety, critics claim it’s an unnecessary government overreach that will cripple small businesses.
Businesses and Advocates Push Back
Hemp industry leaders aren’t taking this quietly. Many business owners argue the bill is an economic gut punch, potentially wiping out thousands of jobs and millions in tax revenue.
One Texas hemp retailer said banning THC-rich hemp products would simply push consumers toward the black market. “People aren’t going to stop buying delta-8 or delta-9. They’ll just find it elsewhere—without regulation, without safety standards,” he explained.
Advocates also question the narrative that retailers are deliberately targeting children. Most legal hemp businesses already require ID checks, and many follow strict labeling and packaging guidelines.
Legal experts say if Texas bans hemp-derived THC, it could face lawsuits. The 2018 federal Farm Bill legalized hemp and its derivatives, as long as they contain less than 0.3% delta-9 THC. S.B. 3 could challenge that federal protection, potentially putting Texas in a legal battle with hemp businesses and advocates.
What Happens Next?
S.B. 3 is expected to trigger heated debates in the Texas Legislature. Lawmakers will have to weigh concerns over public health and youth safety against the economic benefits of the hemp industry.
While Texas has taken a hard stance against marijuana, neighboring states like New Mexico have legalized recreational cannabis, meaning consumers might simply cross state lines to get their products.
With billions at stake, the outcome of this bill could reshape Texas’ cannabis landscape for years to come.
Michael Brown is a seasoned journalist with a knack for uncovering compelling stories within the realm of cannabis. Through his investigative reporting and in-depth analysis, he sheds light on the regulatory challenges, market trends, and societal impacts of the burgeoning cannabis industry. Michael’s commitment to objective journalism and ethical reporting makes him a trusted voice in providing readers with balanced and informative articles about this rapidly evolving landscape.
