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AUSTIN, Texas — A bill originally aimed at banning hemp products containing THC has drastically changed after passing through a Texas House committee, but the new version may be too close to the original for some to get on board and not close enough for others.
The new version of Senate Bill 3 was brought up and quickly advanced by the House Committee on State Affairs last week. As of publishing, the full text of the new bill has not been posted on the state Legislature’s website, but committee Chair Rep. Ken King, R-Canadian, briefly explained the changes to the bill during the committee’s April 30 meeting.
“It’s substantially different,” said King. “It bans vapes. It bans vape shops. It bans all synthetics.”
However, unlike previous versions of SB 3, King said this one allows retailers to continue selling drinks containing 10 mg of THC and some very low-THC consumables — such as tinctures — that don’t resemble “a common snack marketed to children.” State Rep. Dade Phelan, R-Beaumont, also clarified that counties could opt out of the program with a vote.
The revised SB 3 would put control and regulation of the state’s hemp industry in the hands of the Texas Alcoholic Beverage Commission. A similar system was recently proposed via House Bill 28, which drew hours of public comment and heavy criticism from both sides of the hemp debate during an earlier committee meeting. That bill has been left as “pending in committee.”
The new SB 3, now known as Committee Substitute for Senate Bill 3, is likely going to have a rocky road ahead. The bill now moves forward to the House floor, where it is likely to be amended further, and even if it passes the full House, members will have to reach some sort of compromise with the state Senate, which already passed the “THC ban” version of SB 3.
The topic of hemp and THC has been contentious in the Legislature all session, with three bills on the topic filed and a lot of differing viewpoints on it clashing.
“I’ve probably been to Austin 15 times now,” said Austin Zamhariri, director of the Texas Cannabis Collective — a group fighting on behalf of cannabis users and manufacturers in the state.
According to their website, Zamhariri’s group aims to move forward cannabis laws in Texas, and that includes seeing regulation brought to a market and industry that currently lacks it. However, he feels the regulation presented in CSSB 3 is so strict that it effectively acts as a ban in most regards.
“It effectively shuts down, I would say, 90 to 95% of the hemp space,” said Zamhariri. “It’s really convoluted and confusing, and the Legislature is really twisting itself into a pretzel.”
Changes to the Federal Farm Bill in the late 2010s opened up the hemp industry across the country, and action by the Texas State Legislature in 2019 authorized the sale of consumable hemp in the state. Under that action, hemp in the state isn’t allowed to contain a concentration of THC higher than 0.3% dry weight, but loopholes in the state and federal law have led to intoxicating THC items being sold in stores and even gas stations; from synthetic products like Delta 8 and HHC to natural ones like Delta 9 THCA.
Where to go next with hemp and how to better regulate hemp products has been a discussion nationwide. Nearly half the states in the nation have legalized adult-use cannabis and created regulations and regulatory bodies around the full plant; with most others having some sort of medical use program.
Discourse around the plant has dramatically shifted as well in recent years. According to a Pew Research survey released in 2024, 88% of respondents believe marijuana should be legal to some degree, with 57% saying they’re in favor of it being legal for recreational use as well as medical. There’s also been momentum in the federal government to reschedule cannabis from a Schedule 1 drug (the highest level) to a Schedule 3 drug.
It appears to be a similar public opinion case in Texas as a new poll released this week by the University of Texas/Texas Politics Project found 84% of registered voters in the state support allowing legal possession of cannabis in some circumstances, with 51% supporting legalization of at least small amounts of the plant.
However, the loudest voice against hemp in the state may also be the most powerful. Lt. Gov. Dan Patrick announced his intentions to bring a THC ban to the state late last year, arguing that dangerous products were being sold in the state and were accessible to kids. Since then, he’s indicated repeatedly that he wouldn’t settle for anything short of an all-out ban on the products coming out of the current legislative session.
Spectrum News reached out to the Patrick’s office for his thoughts on the revised version of SB 3 but did not receive a response.
Any action on hemp and THC will have to come quickly, as there is less than a month left in the legislative session.
“}]] The bill changes the severity of the original proposal, which was passed by the state Senate. Read More
