Texas Legislature adjourns without passing THC product ban
Texas lawmakers left Austin late Wednesday night without passing a THC ban or tightening restrictions on the booming industry.
The move comes after months of talk about how and to what degree access to consumable THC and hemp products like delta-8 and delta 9 should be reigned in. The industry has grown since 2019 when the state and legalized the cultivation and sale of hemp, opening the door to products that come in forms like drinks, edibles and vapes that can produce a high and are easily accessible at stores across Texas.
Hemp and marijuana are both forms of cannabis, but legally speaking, marijuana has a delta-9 THC concentration above 0.3% by dry weight, and products below that concentration are legal hemp.
Lt. Gov. Dan Patrick has called for a ban on all consumable THC products. The resulting bill that cleared the Legislature during the regular legislative session would have prohibited consumable hemp products containing a cannabinoid other than CBD or CBG, which do not produce a high. The measure was ultimately vetoed by Texas Gov. Greg Abbott, who called it “well-intentioned” but predicted legal challenges.
During the regular legislative session, lawmakers did ban the sale of vapes containing cannabinoids. The law was among hundreds that took effect Sept. 1.
In the latest special session call, Abbott told lawmakers to make it a crime to give hemp-derived products to people under 21. Lawmakers should also pass legislation to “comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning lawful hemp-derived products,” Abbott said in his special session proclamation.
Several bills related to the agenda item were filed, but movement appeared to have stalled as a second-called special session continued. There were reports of a possible last-minute deal on Wednesday, but a resolution didn’t manifest before lawmakers adjourned for the special session.
“After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” Patrick said in a social media post Wednesday night.
The lieutenant governor thanked Abbott and House Speaker Dustin Burrows, a Lubbock Republican, for making an effort “to find a solution,” but said his “position remains unchanged.”
“The Senate and I are for a total THC ban,” Patrick said.
A full THC ban had been opposed by members of the hemp business community, who instead favored regulation of the industry.
Lawmakers did expand Texas’ medical marijuana program during the regular session, increasing the number of qualifying medical conditions, among other changes.
This story was originally published September 4, 2025 at 11:35 AM.
