In a move that could significantly alter the landscape of hemp and THC-related products in Texas, the state Senate has passed Senate Bill 3 (SB 3), a measure aimed at banning the manufacture, sale, and possession of consumable hemp products containing any cannabinoid other than CBD (cannabidiol) and CBG (cannabigerol). The bill, authored by Sen. Charles Perry (R-Lubbock) and strongly backed by Lt. Gov. Dan Patrick, has received bipartisan support and is now heading to the Texas House for further consideration.
A Priority for Texas Leadership
Lt. Gov. Patrick has been vocal about making this legislation a top priority, warning that retailers selling THC products are a threat to public health, especially to children. In a press conference prior to the Senate debate, he presented a "location map" showing how many of these businesses operate near Texas public schools.
"This is a poison in our public, and we, as a legislature, our number one responsibility is life and death issues," Patrick declared.
Perry echoed these sentiments, emphasizing that synthetic THC derivatives—including Delta-8 THC and Delta-9 THC—are being developed at a rapid pace, making regulation difficult.
"Every day, a new product hits the shelf that was at the whim of a chemist," Perry said. "I don’t call them smart. I call them diabolical."
The bill’s supporters argue that these products are being marketed to children and are creating dangerous addiction issues. During Senate discussion, Perry recalled hearing from parents about children experiencing "out-of-body experiences" and "seeing demons" after consuming these products.
Debate Over Regulation vs. Prohibition
While the bill passed with bipartisan support (24-7 vote), it also sparked a debate over whether an outright ban was the right approach.
Sen. Jose Menendez (D-San Antonio) questioned whether there should be a distinction between intoxicating and non-intoxicating cannabinoids, suggesting a more targeted approach.
"I'm just concerned that we're gonna be criminalizing something that … much like Prohibition didn't get people to stop drinking, I don't think it's gonna help people stop doing what they're doing," Menendez said.
Perry responded firmly, saying, "We’re gonna be very narrow, very scope-limited to things that we absolutely understand."
Other lawmakers, such as Sen. Sarah Eckhardt (D-Austin), raised concerns that banning these products outright could increase black-market sales rather than eliminating them.
"We're not gonna eliminate the black market," Perry admitted. "I don't care what the subject matter is. It's going to exist."
However, he insisted that the state must take action.
"I want it gone. Parents need to know that it’s gone," Perry declared. "We will do whatever it takes to extinguish it."
Stricter Regulations and Enforcement
To tighten oversight, Perry adopted multiple amendments during the Senate debate:
Mandatory lab testing for consumable hemp products in Texas
Increased regulations, including a $500 product registration fee
Felony penalties (third-degree) for unlicensed manufacturers or retailers
Supporters of the bill argue that these steps will help control an "out-of-control" market that has allowed unregulated, synthetic cannabinoids to proliferate.
Dissent and Calls for Compromise
While SB 3 has received strong backing from state leadership, not all Texas officials agree with an outright ban.
Texas Agriculture Commissioner Sid Miller took to social media to call for a more balanced approach, arguing that completely outlawing THC products might go too far.
"Texas will find a reasonable and compassionate middle ground," Miller wrote. "That starts with ending the lawless, unregulated, illegal market we have today. It should not mean shutting down dispensaries which operate lawfully under current law."
This position reflects concerns that legally operating businesses—many of which have complied with existing regulations—could be unfairly shut down by SB 3.
Next Steps
With the Senate's approval, SB 3 now moves to the Texas House, where it will face further scrutiny. Given Gov. Greg Abbott’s alignment with Patrick and Perry on this issue, it appears likely that the bill could become law if it clears the House.
For now, retailers and consumers of THC products in Texas are left in limbo, unsure of what the final version of the legislation will look like—or whether any potential compromises will be made.
