Texas Senate wants to ban all THC products in state. Here's what the House wants to allow.

OG Article

Alex Driggars

04-09-2025

Texas' consumable hemp boom followed the federal legalization of hemp production in 2018.

It looked like St. Patrick's Day came a few weeks late at the Texas Capitol.

Hundreds of people filled a committee room and two overflow rooms in a Texas House office building Monday for a hearing over a pair of bills that would restrict the sale of consumable hemp products in the state. Many witnesses wore green clothing with bright green ribbons pinned to their lapels, signifying their opposition to the proposed bans on THC, the intoxicating element found in cannabis and hemp.

The 16-hour committee hearing was the latest in an ongoing legislative push to halt the proliferation of legal, THC-containing hemp products. Vapes, gummies and other hemp consumables are often found in convenience stores, smoke shops and boutique dispensaries across the state.

The upper chamber, with staunch support from its presiding officer, Lt. Gov. Dan Patrick, on March 19 passed Senate Bill 3, a sweeping ban on THC. An alternative proposal, House Bill 28, would carve out an exception for THC-infused beverages sold in liquor stores. The bills would allow other consumable hemp products that only contain cannabidiol, commonly called CBD, or cannabigerol, known as CBG.

The House State Affairs Committee heard both bills Monday.

Texas' consumable hemp boom came after the federal government legalized hemp production in 2018. A state law signed the following year created the Texas Industrial Hemp Program, which “authorizes the production, manufacture, retail sale, and inspection of industrial hemp crops and products,” including “consumable hemp products which contain cannabidiol (CBD), as well as other edible parts of the hemp plant,” according to the Texas Department of Agriculture.

Proponents of the ban — like Lubbock Republican Sen. Charles Perry, who authored the 2019 hemp law as well as the current Senate proposal to ban certain hemp consumable products — argue manufacturers are exploiting a loophole in the hemp program to sell THC consumables. In a March news conference, Patrick called the products "a poison in our public.”

Current Texas law allows the sale of consumable products with up to 0.3% THC concentration. Lawmakers contend hemp distributors often skirt the rules, offering products with much higher concentrations or making their goods available to minors.

"After the passage of the (2018) Farm Bill, an unregulated THC market in Texas exploded. In the wake of this new market, many unsafe products were put in the hands of Texans, and most concerning, the hands of Texas children," said Rep. Ken King, the Canadian Republican who authored HB 28 and chairs the House panel, during the Monday meeting.

Opponents of the bills, however, said the bans would affect Texans' quality of life, especially for those who use consumable hemp as an alternative to the state's limited Compassionate Use Program for cannabis. Others criticized the House proposal's narrow exemption for drinkables, calling instead for a robust regulatory framework for a broader range of products.

"There are plenty of good manufacturers and retailers in this state. Where Texas has failed is getting this regulatory regime in place," said Susan Hays, a prominent Texas cannabis attorney. "Other states have already accomplished this goal, by specifying you can have these naturally occurring, nonintoxicating cannabinoids and a tad of THC, and everything else is no-go. It's not that hard to do.”

King told the panel the exception for beverages is intended to maintain the existing market for consumable hemp while preventing THC from being marketed to children, pointing to products like "Doweedos" and "Trips Ahoy" edibles which mimic popular snack foods — Doritos and Chips Ahoy, in these cases.

"We are banning all consumables other than drinkables to ensure that there are no products that can be mistaken for a child's favorite, such as gummies, cereal or candy," King said.

The exception for beverages is also popular with alcohol distributors in the state who told lawmakers they've seen a sales boost from the hemp-infused drinks.

But even if the House's carveout for THC drinks were to pass, the legislation would still conflict with the Senate bill and with Patrick, who has made his preference for a total THC ban crystal clear. The lieutenant governor has threatened to force a special session if the THC ban does not pass, though only the state's governor has the authority to call such a session.

Patrick told The Texas Tribune last month he would use his wide discretion over the Senate's calendar to block must-pass bills, like the constitutionally required biennial budget, if the House does not pass his priorities like the THC ban. Such a move would essentially force Gov. Greg Abbott to call lawmakers back for a special session.