AUSTIN, Texas (KBTX) – A statewide ban on hemp-derived THC products could soon become law in Texas, leaving retailers and employees across the state and the Brazos Valley bracing for layoffs and shutdowns.
Senate Bill 3 passed both chambers of the Texas Legislature and would take effect Sept. 1 if signed into law. The bill targets consumable hemp products containing any form of THC with an intoxicating effect, including delta-8, delta-9, and THCA; which have become widely available since the 2019 legalization of hemp.
Governor Abbott’s decision looms as bill heads to his Desk, Lt. Governor Patrick backing key to hemp crackdown
The measure now awaits action from Gov. Greg Abbott, who has not said whether he intends to sign it. Last month, he joined KBTX sister station KAUZ News Channel 6 in Wichita Falls, where he touted bipartisan support for the legislation.
Both the House and the Senate agree on a core principle, and that is that children, minors, should not have access to high-level THC, and so they want to make sure that it’s banned from locations where minors may be able to access it, and they’re looking at other strategies for those who are not minors.
SB 3 has been a top priority for Lt. Governor Dan Patrick, who introduced the bill at the start of the session.
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible. These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC. Since 2023, thousands of stores selling hazardous THC products have popped up in communities across the state, and many sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased from a drug dealer. Under Senate Bill 3, these products, and all forms of THC, will be banned in Texas,” Lt. Gov. Patrick’s statement said.
What’s at stake for local businesses and industry at large
In College Station, employees at Smoke & Vape Station said the bill could destroy their livelihood.
“If we do have to go through with this ban, most of our sales do come from THCA products, and we wouldn’t be able to survive without it,” said store manager Tessa Matthews. “As a business, we would more than likely have to close down.”
Retailers say THC products are used by a wide range of customers, including college students, veterans, working adults, and older patrons.
“Pain management is a big factor for a lot of people,” Matthews pointed out. “Some strains help give people energy, others help them relax.”
Lt. Gov. Patrick argued shops across the state are selling intoxicating products under the guise of legal hemp and are selling and marketing to minors.
“We cannot in good conscience leave Austin without banning THC, which is harming our children, and destroying Texans’ lives and families,” he said on Facebook.
Texas THC retailers warn of unintended consequences as ban awaits Gov. Abbott’s signature(KBTX)
The Texas Hemp Business Council is an industry group focused on promoting the hemp-derived cannabinoid market in Texas, while also advocating for consumer safety, public education, and engagement with lawmakers. In a statement, the council urged Gov. Abbott to veto the bill, arguing it would wipe out a growing industry and eliminate thousands of jobs across the state.
“Among the many speaking out against SB 3 is Dave Walden, a combat veteran of Iraq and incoming state commander of the Texas VFW representing 60,000 veterans, who said, ‘If Texas trusted us with sophisticated weapons systems worth billions of dollars to defend America’s freedoms abroad, shouldn’t lawmakers trust us to make responsible choices about our own healthcare at home?’ Veterans deserve the freedom to choose what supports our health and well-being,” the statement read.
It continued, “Despite overwhelming testimony and clear data demonstrating the safety and economic value of federally legal hemp-derived cannabinoids, lawmakers have chosen a path that eliminates an entire sector of our economy, one that generates $4.3 billion in retail sales, 53,300 jobs and $268 million in tax revenue.”
Matthews said her shop uses strict ID checks and doesn’t believe banning legitimate retailers will solve youth access concerns.
“Once it leaves our shop, that’s where the children are getting a hold of it,” she countered. “Just because we have fun fruity flavors doesn’t mean the packaging is marketed to kids.”
Critics of the bill say it will send customers back to unregulated and illegal markets. Retailers worry the damage will reach far beyond consumers.
“It’s not just users— it’s our staff, our employers. It’s a domino effect,” Matthews added. “We’re asking for regulation, not elimination.”
Hemp gummies purchased at a smoke shop in East Baton Rouge Parish on March 5, 2023, are currently in a legal gray area because they contain a total of 30 milligrams of THC per package.(Wes Muller/Louisiana Illuminator)
Behind the vote: how some senators feel about the THC crackdown
Despite bipartisan passage, SB 3 exposed ongoing divisions in the Legislature over how Texas should regulate hemp-derived THC products.
According to statements entered into the Senate Journal, several lawmakers who voted against the bill said they support regulation but opposed what they described as overly broad restrictions.
“The evidence to support the decriminalization and legalization of cannabis is overwhelming,” Sen. Cook wrote, explaining his ‘no’ vote despite backing a taxed and tested THC market.
A joint statement from senators Zaffirini, Alvarado, Eckhardt, and Menéndez also expressed opposition, warning the bill “unnecessarily criminalizes legal hemp products” and “limits access for adults who rely on nonintoxicating hemp for medical relief.”
On the other side, Sen. Blanco said he voted for SB 3 because of the sharp rise in accidental pediatric exposures since hemp was legalized in 2019.
“This bill is about safety and accountability. It’s about making sure Texans can trust what’s being sold in their communities while preserving access to legitimate medical treatment. For these reasons, I’ll be voting in support of this bill,” shared Sen. Blanco in his statement.
“After listening to the testimony in the State Affairs committee hearings and on the Senate floor today, I have mixed feelings casting a vote in support of this bill. While I do not think that an outright ban is the right approach to THC regulation in Texas, the inconsistency in state policy that has arisen as a result of the hemp-derived THC industry and the public health concerns it has caused, should not be ignored by legislators,” Sen. Johnson included.
Sen. Johnson’s statement continued, “My vote today does not betray or conflict with the THC policies for which I have advocated since I first took office. I continue to believe that THC should be decriminalized in small consumable quantities, that public consequences should be addressed, that THC should be strictly regulated, that penalties should be consistent throughout statute irrespective of the form of consumption or the form of production, and that THC is both under-researched and under-utilized with respect to both medicinal and recreational use.”
He also addressed the need for further conversations on safe THC sales.
“Moving forward, I hope that my colleagues and the stakeholders who believe so strongly in this industry collaborate to create the regulations needed to have a legal and safe THC-consumable market in Texas,” Sen. Johnson wrote.
How Brazos Valley lawmakers voted on the hemp regulation bill:
Rep. Paul Dyson: YeaRep. Trey Wharton: YeaRep. Stan Gerdes: YeaSen. Lois Kolkhorst: YeaSen. Charles Schwertner: Yea
The bill passed the Senate with a vote of 27–4, and the House with a vote of 87 Yeas, 54 Nays, and 1 Present, Not Voting.
What’s next
For any bills sent to the Governor during the final 10 days of the legislative session, he has 20 days after adjournment (sine die) to sign, veto, or allow them to become law without a signature. Since the session ends on June 2, the deadline for the Governor to take action is Sunday, June 22.
In response to the proposed restrictions, the Hemp Business Council has urged supporters to contact legislators and has gathered more than 57,000 signatures on a petition opposing a full ban. They warn such a move could dismantle a billion-dollar industry, eliminate more than 50,000 jobs, and criminalize Texans for choosing what they describe as “legal, plant-based relief.”
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Texas lawmakers passed Senate Bill 3, aiming to ban most hemp-derived THC products while drawing sharp debate over consumer safety, business impact, and criminal penalties. Read More
