Is Texas banning all THC products? What to know about the bill lawmakers passed
A Texas ban on THC products including gummies, vapes and drinks sold at stores across the state could be imminent after state lawmakers voted to prohibit many consumable hemp products.
The booming hemp industry’s fate is in the hands of Gov. Greg Abbott, who could sign the bill, Senate Bill 3, into law or veto it, as the industry hopes. The bill had passed out of the state Senate in March and advanced from the House on May 22.
If Abbott signs the bill into law, the days are numbered for Texans to legally purchase THC products, such as delta-8 and delta-9. While the Texas ban wouldn’t include consumable hemp products like CBD and CBG, many of the stores that sell those products might end up closing without being able to sell THC.
Here’s what to know about the proposed THC ban.
What does the Texas ban on THC say?
The bill passed by the Legislature in May prohibits the making and sale of a consumable hemp products that contains any amount of a cannabinoid other than CBD and CBG.
The law would include rules related to the making, testing, registration, labeling and selling of consumable hemp products in Texas. That means the delta-8, deta-9 and other consumable hemp products containing THC will not be allowed.
Texas law already says that marijuana is illegal, except for certain highly regulated medicinal use.
What are consumable hemp products in Texas?
Senate Bill 3 defines a consumable hemp product as a “food, a drug, a device, or a cosmetic” containing “hemp or one or more hemp-derived cannabinoids, including cannabidiol or cannabigerol.”
Cannabidiol and cannabigerol are more commonly known as CBD and CBG. They don’t produce a high and are sometimes used medicinally. They’re some of the many chemicals known as cannabinoids that are found in cannabis.
THC — particularly delta-9 THC — is generally what’s associated with a high. Legally speaking, it is the key differentiator between legal hemp and illegal marijuana. Hemp has a delta-9 THC concentration below 0.3% by dry weight, and anything above that is marijuana. Both come from the cannabis plant.
When would the Texas THC ban take effect?
Texans who use THC products would still have time to legally purchase and use them, but not for long. The new THC ban in Texas would take effect Sept. 1.
Texas’ new criminal penalties for consumable hemp
The bill creates several new criminal penalties related to consumable hemp products. Among the new crimes:
▪ It’s a Class C misdemeanor to possess any consumable hemp products that contains a cannabinoid other than CBD or CBG. The penalty is more severe for those who’ve been convicted of possessing the products two or more times. A person who’s convicted would also have their driver’s license suspended for at least 30 days, depending on whether they had prior convictions for possessing consumable hemp products.
▪ It’s a Class A misdemeanor to sell consumable hemp products to someone under the age of 21. It’s a Class B misdemeanor to sell the products with in 1,000 feet of a school.
▪ It’s a third-degree felony to manufacture, deliver or possess with the intent to deliver any consumable hemp products that contains a cannabinoid other than CBD or CBG.
▪ It’s a Class B misdemeanor to distribute, deliver, sell, purchase, possess or use a consumable hemp product that’s not registered with the state.
▪ It’s a Class A misdemeanor to gear consumable hemp products towards children. For instance, products depicting a human, animal, fruit or a cartoon are not allowed.
What about medical marijuana laws in Texas?
Texas’ medical marijuana program, the Texas Compassionate Use Program, is carved out of the bill. The program allows patients with certain medical conditions to use low-THC cannabis that’s prescribed by a doctor.
By the time lawmakers leave Austin on June 2, the program could be expanded as rules around consumable hemp products are tightened. That bill, House Bill 46, is still going through the legislative process, as of May 28.
Would a THC ban force consumable hemp stores to close?
The hemp industry has boomed since hemp was legalized federally in 2018 and in Texas in 2019.
But under the new Texas legislation, shops that also sell legal hemp products like CBD and CBG could shutter.
“I mean, everyone is going to have to make their own decision, but do you see another alternative for them?” said Cynthia Cabrera, a board member and founder of the Texas Hemp Business Council. “The Legislature has left them no choice. The Legislature said we don’t care about your business.”
Rather than a ban, the industry group has called for age restrictions, child-resistant packaging, distance between stores and schools, and the enforcement of existing regulations, like licensing requirements with the state for manufacturers and distributors and rules around the testing of products.
The Hemp Business Council has urged Abbott to veto the bill. If it goes into effect, Cabrera expects lawsuits challenging the law.
“In terms of consumers, they should know that their Legislature turned them all into criminals,” Cabrera said.
A ban drives people to an illicit market and opens the doors to cartels and bad actors who were never going to follow the law, she said. Rather than protecting customers, it creates unsafe environment where products are untested, unregulated and uncontrolled, Cabrera said.
Lt. Gov. Dan Patrick, who made banning THC products a top priority this legislative session, said during a May 28 news conference that the bill may be the most important passed this session. Consumable hemp products were splayed out on a table near the front of the room.
He too expects lawsuits.
“We know that’s going to happen,” Patrick said. “These are bad actors. These are people who want to kill your kids, and they don’t give a damn. So we’ll fight this all the way.
The Texas Hemp Council said Patrick’s remark is part of “a troubling pattern of false and inflammatory rhetoric” in a statement.
Patrick didn’t directly say whether he expected Abbott to sign the bill.
“Look, I’m not going to speak for the governor,” Patrick said. “He will do what he’s going to do. I have total confidence in the governor.”
A spokesperson for Abbott also didn’t specify the governor’s plans
“Governor Abbott will thoughtfully review any legislation sent to his desk,” spokesperson Andrew Mahaleris said in a statement.
This story was originally published May 28, 2025 at 1:55 PM.
