Cara Brown McCormick
AUSTIN, TX — The Texas Senate on August 1 passed a bill that would ban all intoxicating hemp-derived THC products, reviving legislation that Governor Greg Abbott vetoed earlier this summer. The move adds pressure to the Texas House and raises new questions about the future of the state’s fast-expanding and largely unregulated hemp market.
Senate Bill 5, authored by Senator Charles Perry of Lubbock, would prohibit the sale of consumable hemp products containing intoxicating levels of THC. It still allows for the sale of non-intoxicating cannabinoids such as CBD and CBG.
The legislation addresses one of the core issues in Governor Abbott’s current special session call. Both the Senate and House passed similar legislation earlier this year, but Abbott rejected it, citing concerns over potential legal challenges. Following the veto, Lieutenant Governor Dan Patrick vowed to push the legislation through again. On Friday, the Senate delivered.
The bill now moves to the House, where identical legislation has been filed but not yet scheduled for a hearing. If the House advances the measure, Abbott will once again have to decide whether to sign it or veto it.
The debate over intoxicating hemp in Texas mirrors national tensions surrounding the rise of unregulated hemp-derived THC products. These products, which often contain Delta-8, Delta-9, and other psychoactive compounds synthesized from legal hemp, are widely sold in gas stations, convenience stores, and online — often outside the reach of state cannabis laws.
A recent Independent Voter News investigation, How It Really Works: The Unfair Fight Between Legal Cannabis and Unregulated Gas Station Hemp, examined how this legal loophole has created a parallel market that competes directly with licensed cannabis businesses. Unlike tightly regulated dispensaries, these hemp sellers are not subject to the same taxation, testing, or packaging requirements, giving them a price advantage and putting consumers at greater risk.
Texas has no legal recreational marijuana program. But hemp-derived THC products, thanks to the 2018 federal Farm Bill and gaps in state law, have become widely available. Lawmakers have raised concerns about underage access, misleading labeling, and a lack of safety standards in the current market.
Supporters of SB 5 say the bill is a necessary step to close those gaps. Critics argue that a blanket ban could hurt small businesses and trigger legal challenges, especially given the federal definition of hemp.
What happens next will depend on the Texas House. Until it acts, the state remains in legal limbo — where intoxicating hemp is technically legal, largely unregulated, and widely available.