Texas Senate Moves to Ban All THC, Including Legal Hemp Products

The Texas Senate has approved a sweeping ban on all products containing any trace of THC — even those considered legal under federal law. It’s a move that’s rattling the state’s booming hemp market and has set the stage for a major political showdown.

The bill passed 24-7 on Wednesday, putting Texas on a collision course with federal hemp laws and igniting concern across an industry that many say was only just finding its feet.

Bill Targets All THC, Not Just Delta-9

Senate Bill 3 doesn’t tiptoe around definitions. It aims to outlaw anything with THC — period.

This includes products derived from hemp that meet the federal standard of containing less than 0.3% Delta-9 THC. And that’s exactly the issue. For years, producers have legally sold items with Delta-8, Delta-10, and other variants that fall into legal grey areas under the 2018 Farm Bill.

In Texas, the market has exploded with gummies, vapes, tinctures, and more — all built on these legal-by-the-letter cannabinoids. If SB3 becomes law, that all goes away.

One sentence from the bill says it all: “No consumable product shall contain any tetrahydrocannabinol, regardless of isomer or origin.”

That’s not regulation. That’s elimination.

Lt. Gov. Dan Patrick Isn’t Holding Back

Lt. Gov. Dan Patrick has made his stance crystal clear. He’s backing the bill hard.

“This is one of the top five pieces of legislation in my entire career,” Patrick said, according to the Texas Tribune. That’s a bold statement, considering his long tenure in Texas politics.

He’s framed the bill as a public safety issue, arguing that the unregulated hemp market is a legal loophole allowing recreational THC to flourish under a disguise. Supporters echo that sentiment, calling Delta-8 and its cousins “legal weed.”

Patrick has taken aim at what he calls “unregulated highs sold in gas stations.” His language hasn’t softened, and with the Senate in his corner, the message is loud and clear.

The House Wants Oversight, Not Outright Ban

Things get a little more complicated in the Texas House.

The lower chamber is working on its own bill — but theirs is less about bans and more about boundaries. Instead of pulling products off shelves entirely, the House is looking at tighter regulation: licensing rules, product testing, and enforcement mechanisms.

The goal there seems to be about drawing lines, not burning the field.

• The House version proposes:

  • A new licensing structure for hemp retailers

  • Stricter labelling requirements

  • More frequent state inspections

  • Age restrictions for purchases

That version is seen as more industry-friendly — or at least less hostile. Whether the two chambers can agree is still up in the air.

Industry in Shock: “This Could Destroy Thousands of Jobs”

For business owners in Texas’ hemp industry, this wasn’t just unexpected — it was existential.

“This bill would kill my business overnight,” said Austin-based CBD store owner Rachel Mendez. “We’ve followed every rule. We test our products. We don’t sell to minors. And now we’re being lumped in with illegal dealers?”

Advocates argue that the bill would hurt small businesses most — the same entrepreneurs who took a gamble when the state first opened the door to hemp. There are around 1,800 licensed hemp retailers in Texas. Many employ fewer than 10 people.

One hemp distributor based in Houston estimated 80% of his revenue comes from products that would be banned under SB3.

This isn’t just a fight over products. It’s livelihoods.

A Legal Quagmire: Federal vs. State

Here’s where it gets murky.

Under the 2018 Farm Bill signed into law by President Trump, industrial hemp (defined as cannabis with under 0.3% Delta-9 THC) was removed from the list of controlled substances. That federal shift opened the door for a nationwide hemp economy.

Texas adopted its own version of the Farm Bill in 2019, and businesses followed suit. But now, SB3 would put state law at odds with federal standards.

A brief look at how state and federal definitions compare:

Legal experts are warning that a blanket THC ban could invite lawsuits, especially from companies that argue they’re protected by federal law.

What Happens Next?

SB3 now heads to the Texas House. That’s where the real fight begins.

Will the House try to water it down? Will it merge with their own regulatory bill? Or could it die on arrival? All options are on the table.

But one thing’s certain: hemp producers and sellers across the state are watching closely — and bracing for impact.

Many are already preparing legal challenges. Others are considering whether they’ll have to move operations out of Texas entirely. It’s a climate of fear, frustration, and uncertainty.