Cara Brown McCormick
AUSTIN, TEXAS - A sweeping bill to ban hemp-derived THC products in Texas is now headed to Governor Greg Abbott’s desk after final legislative approval. On May 26, the Texas Senate voted 25–6 to concur with House amendments to Senate Bill 3 (SB3), clearing the last procedural hurdle for the legislation.
SB3 would outlaw the manufacture, sale, and possession of any hemp-derived product that produces intoxication, including popular compounds like delta-8 and THCA, which have thrived in the state’s loosely regulated cannabis-adjacent market. The bill also imposes tighter restrictions on non-intoxicating hemp products like CBD and CBG, requiring manufacturers to obtain licenses and comply with new regulatory standards.
“We are not banning hemp,” said Rep. Tom Oliverson (R-Cypress), who carried the bill in the House. “We are banning high. If it gets you high, it is not legal anymore.”
Importantly, the ban would not apply to individuals who legally obtain medical marijuana through the state’s Compassionate Use Program, which licensed health professionals administer. On May 25, Lt. Gov. Dan Patrick announced he had reached an agreement with Rep. Oliverson to expand the state’s medical marijuana program.
Under the compromise, SB3 will now include chronic pain, terminal illness, and hospice care as qualifying conditions for medical cannabis use. Additionally, the bill will allow for an increase in the number of licensed dispensaries in the state, a move advocates say could help improve access for eligible patients.
Texas’ hemp market has grown rapidly since the 2018 federal Farm Bill and a 2019 bipartisan state law legalized hemp cultivation. The largely unregulated sale of THC-adjacent products created an economic boom, with more than 8,500 operators contributing to an estimated $5.5 billion in economic activity.
Industry groups argue that the potential ban would put small businesses and jobs at risk.
Texas joins a growing list of states that have moved to ban or regulate hemp-derived THC, including, most recently, Tennessee. Governor Bill Lee signed a bill on May 21 that will significantly restrict the production and sale of hemp-derived cannabinoid products beginning in 2026.
Although California’s Assembly Bill 45 (2021) already clearly prohibited synthetic cannabinoids, the state’s Department of Public Health, under Governor Gavin Newsom, issued emergency regulations in September 2024 to ban intoxicating hemp products and keep THC strictly within the regulated cannabis market.
The rules aimed to curb the growing availability of intoxicating hemp products by prohibiting the sale of any product containing detectable levels of THC.
Nevertheless, unregulated THC products are still widely available online, often shipped illegally through the U.S. Postal Service without age verification. Major brands such as Cheech & Chong’s Kosmic Chews, Cookies, and 3Chi were among those found to be selling illicit products in California.
Supporters of SB3 in Texas say the legislation is necessary to curb the spread of high-potency products that have raised public health and safety concerns, particularly those allegedly marketed toward minors.
Governor Abbott has not publicly indicated whether he will sign the legislation. However, with backing from Lt. Gov. Patrick and strong Republican support in both chambers, the bill is expected to become law.
Also Out of Texas...
In other news from Texas, a bill that would require every public-school classroom in the state to display the Ten Commandments has moved closer to becoming law, as lawmakers continue to debate the appropriate role of religion in public education. Senate Bill 10 received final approval from the Texas House on May 25 in an 82–46 vote, following an earlier preliminary vote of 88–49 on May 24.
Because lawmakers added a provision clarifying that the state would assume responsibility for any legal costs tied to lawsuits, the bill must return to the Senate for a final vote. The Senate previously passed the measure 20–11 in March, and Governor Greg Abbott is expected to sign it.
If enacted, the bill would require all K–12 public school classrooms to display a version of the Ten Commandments measuring at least 16 by 20 inches. The posters must contain only the exact text specified in the legislation and may not be accompanied by additional religious or ethical materials.
“It is incumbent on all of us to follow God’s law, and I think we would all be better off if we did,” said Rep. Candy Noble, R-Lucas, who sponsored the bill in the House.