AUSTIN, Texas – The Texas House State Affairs Committee on Wednesday advanced a bill that would regulate consumable cannabis-derived products without an outright ban, setting up a showdown with the Senate.
The House version of Senate Bill 3 would add stricter regulations on the industry while still allowing the sale of delta-9 THC products as long as they contain 0.3% or less of the chemical tetrahydrocannabinol, the primary chemical in marijuana that gets people high.
When the bill passed the Senate in March, it banned the sale of any cannabinoid in Texas, except CBD and CBG.
Lt. Gov. Dan Patrick made Senate Bill 3 one of his priority bills this session, seeking the outright ban of THC products.
House Committee Substitute
Still, the house substitute of SB3 adds lots of regulations. The bill would ban vape shops and the sale of vapes and all forms of synthetic THC products, like delta-8.
What the bill wouldn’t do, is ban delta-9 as long as its derived from hemp and contains less than 0.3% THC by dry weight.
The bill also limits the way those products can be marketed. The packages cannot look like they are marketed to children by using things like cartoons or a resemblance to a product that’s traditionally marketed to children.
The bill also allows cities to vote on whether they want to allow the sale of those products.
Why can you still buy products containing THC in Texas?
The difference between the legal and illegal products lies in the plants from which they come. Hemp and marijuana plants are both cannabis plants. Marijuana plants have a THC concentration of more than 0.3 percent. Hemp has low THC, or less than a 0.3 percent concentration.
Several cannabis-based products containing delta-8, delta-9 or the non-intoxicating cannabidiol known as CBD are currently available in stores in Texas, including hemp-based vapes, oils, creams, drinks, gummies and more. They are required by law to contain no more than 0.3 percent THC.
In May 2021, a federal court ruled that delta-8 products can be legally defined as hemp. The ruling made delta-8 federally legal if the THC concentration is under 0.3 percent.
Critics, like Texas Lieutenant Governor Dan Patrick, say many items sold in Texas contain more than the 0.3 percent limit because of a lack of testing requirements and regulations.
Marijuana, hemp, CBD, and Delta-8 Differences
Cannabis plants are the source of both marijuana and hemp. The difference amounts to how much of the psychoactive compound THC, or tetrahydrocannabinol, they contain.Marijuana is classified as a cannabis plant or its derivatives that have a THC concentration of more than 0.3 percent.Hemp is classified as a cannabis plant or its derivatives with a THC concentration of less than 0.3 percent.Cannabidiol, or CBD, is a non-psychoactive compound of cannabis. It does not contain THC.Delta-8-Tetrahydrocannabinol, or delta-8, is a psychoactive substance that is naturally produced in small amounts by cannabis plants. When concentrated in a lab, delta-8 can produce a similar “high” to marijuana.Delta-9-Tetrahydrocannabinol, or delta-9, is the primary psychoactive ingredient in a cannabis plant. Delta-9 is illegal in Texas unless it’s derived from hemp and contains less than 0.3% THC by dry weight.
Medical Cannabis in Texas
Medical cannabis is legal in Texas, though it is limited. The Texas Compassionate Use Program allows certain physicians to prescribe low-THC cannabis to Texans with an approved list of conditions. Some of the conditions include epilepsy, MS, autism, cancer and post-traumatic stress disorder.
Patrick says he wants the Texas Senate to expand the number of conditions allowed under the Compassionate Use Program.
The Source: Information on the House committee substitute for Senate Bill 3 comes from the House State Affairs Committee’s meeting on April 30, 2025. Information on hemp products and medical cannabis in Texas comes from previous FOX reporting.
The differences in the bills could lead to a clash between leaders in the House and Senate. Read More
