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Texas HB 28: The Devil You Know

Writer: Jason BeckJason Beck

Stone Slade

Original High At 9 News Story

03-27-2025





You ever notice how in Texas, the second something new starts working — especially if it’s

popular, profitable, and makes people feel good — there’s always a politician nearby, looking toregulate it like it just knocked over a liquor store? That’s kind of where we are with House Bill 28.


On its face, HB 28 is being pitched as a “reasonable” middle ground — something between full- blown prohibition (hello, Senate Bill 3) and the current wild west of THC-infused hemp

beverages. It’s got licensing fees, manufacturing standards, an age limit of 21, and a ban on

synthetics. None of that’s too crazy if you’re already operating responsibly — and many of the

good players are. The licensing fees are steep ($5,000 to start, $2,500 annually), but manageable if it buys legitimacy and a clear regulatory lane. In fact, with some smart modifications, HB 28 might actually be a decent bill — for now. That is, if it stays focused on public safety, product quality, and keeping kids out of the mix. But let’s not get too cozy just yet. Because the real danger here isn’t what’s already in the bill — it’s what could quietly get tacked on by the time it reaches the governor’s desk.


There’s been a not-so-subtle effort brewing to force THC beverage companies into the existing liquor distribution model. You know, the one where a handful of gatekeepers decide who gets shelf space, who gets pricing power, and who gets to survive. In that system, if you're not “partnered” with a distributor, you’re pretty much out of luck.

Right now, those distributors aren’t legally allowed to own a piece of the alcohol brands they

move — and thank God for that. But THC drinks aren’t alcohol. Not yet. And that’s the loophole some folks are quietly trying to drive a convoy of money through.

The concern? These same middlemen are already sniffing around hemp beverage startups,

offering “helpful” partnerships — which, funny enough, seem to include equity grabs before

there's even a law requiring distribution at all.

And if lawmakers let those distribution chains grab hold of this new market before the legal

structure is finalized, well... it won’t be a hemp industry anymore. It’ll be another exclusive club

where small brands need permission — and a checkbook — just to play.

So here’s the real talk: HB 28 isn’t great. But it doesn’t have to be terrible. With a few key

tweaks — like not mandating distributor involvement, not handing the market to monopolies,

and not opening the door to forced ownership deals — this could be a foundation for a more

mature, regulated, and fair THC beverage space.


In a perfect world, we’d have smarter legislation with more nuance and fewer lobbyists. But this

is Texas, and let’s be honest — we don’t get perfect. What we get are deeply flawed bills we can

maybe fix into something livable.

So yeah, HB 28 might be “the devil you know.” But if we pay attention, push back on the power

grabs, and hold the line on distribution freedom — it could also be the start of something decent.

Watch the amendments. Follow the money. And if you're in the THC business — keep both eyes

on the liquor guys.

They’re not coming for your product. They’re coming for your company.

 
 

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