The debate over THC regulation in Texas is heating up as Lt. Gov. Dan Patrick and state lawmakers push for a significant crackdown on consumable hemp products. A new bill, Senate Bill 3 (SB 3), filed by Sen. Charles Perry (R-Lubbock), aims to ban THC products in Texas, tightening restrictions on hemp-derived cannabinoids.
What the Bill Proposes
SB 3 would prohibit the manufacture, sale, and possession of consumable hemp products containing any cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG). This means products containing delta-8 THC, delta-9 THC, and other hemp-derived cannabinoids would be effectively outlawed.
The bill also includes a ban on packaging designed to appeal to minors, such as:
Products shaped like animals, fruit, or cartoons
Packaging imitating popular candy or juice brands
The use of celebrities in advertising
Additionally, SB 3 would make it illegal to sell, distribute, or manufacture smokable hemp products in Texas.
Why the Crackdown?
Lt. Gov. Dan Patrick has been vocal about his concerns over hemp-derived THC products, saying that retailers have "exploited the agriculture law" to sell unregulated and potentially dangerous THC products to the public, including minors.
“These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC,” Patrick stated.
Pushback from the Cannabis Community
Not everyone in Texas agrees with the proposed ban. Texas Agriculture Commissioner Sid Miller, a Republican, has voiced concerns that the GOP is divided on the issue.
“The GOP needs to find some consensus instead of constantly running in opposite directions,” Miller said.
He later clarified that while he supports cracking down on illegal, intoxicating THC products, banning THC outright is “a bridge too far.”
Austin Zamhariri, Executive Director of the Texas Cannabis Collective, argued that SB 3 would harm veterans and medical patients who rely on hemp-based products for therapeutic use.
“The ban on hemp cannabis products in its current format will only make criminals out of veterans and patients who are desperate for access to the therapeutic properties of the cannabis plant,” Zamhariri said.
He also pointed out that the bill does nothing to address Texas’ extremely limited medical cannabis program, nor the accessibility of THC products from neighboring states like New Mexico, where recreational marijuana is legal.
Impact on Medical Cannabis Users
Texas has a limited Compassionate Use Program (CUP), allowing physicians to prescribe low-THC cannabis to patients with conditions like epilepsy, PTSD, and neurodegenerative diseases.
While SB 3 does not explicitly alter CUP, it does create a clear distinction between regulated low-THC medical cannabis and the consumable hemp products it aims to ban.
What’s Next?
As the bill moves through the Texas Legislature, the debate will likely continue between lawmakers, businesses, medical patients, and cannabis advocates. With a growing cannabis industry and shifting public opinion on hemp-derived THC products, the question remains: Is an outright ban the best approach, or is there room for compromise?
For now, Texas remains at a crossroads in its approach to cannabis regulation, with big implications for businesses, consumers, and medical patients alike.
