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Texas Legislature Passes Total Ban on Hemp-Derived THC Products

The sweeping measure, now awaiting Governor Abbott's decision, imposes criminal penalties and faces strong opposition from industry groups and advocates.

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© Elizabeth Conley/Houston Chronicle via Getty Images
Products line the shelves of the newly restocked De Vega CBD Relief vending machine in Leander on Nov. 1, 2022.
Various Delta 8 THC products at a Valero station on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)

Overview

  • Senate Bill 3, banning all consumable hemp products containing any THC, has passed both chambers of the Texas Legislature and awaits Governor Greg Abbott's signature.
  • The legislation introduces severe penalties, including a Class A misdemeanor for possession and a third-degree felony for manufacturing THC products.
  • Lt. Gov. Dan Patrick prioritized the ban, leveraging legislative deadlines and budget threats to ensure its passage, citing public health concerns and child safety.
  • Opponents, including Democratic lawmakers and industry leaders, warn that the ban will devastate a $5 billion industry, eliminate over 53,000 jobs, and drive consumers to unregulated black markets.
  • The Texas Hemp Business Council plans to challenge the ban in court, arguing that regulation, not prohibition, is the solution to addressing safety and public health concerns.