In a dramatic late-night move just before the June 22 veto deadline, Governor Greg Abbott struck down Senate Bill 3, halting—for now—a sweeping ban on hemp-derived THC products in Texas. The decision ends weeks of speculation over Abbott’s stance on one of the most hotly debated bills of the 89th legislative session.
The legislation, dubbed by supporters as “Banning THC in Texas,” sought to prohibit the manufacture, sale, and possession of intoxicating hemp products, including popular items such as delta-8 and delta-9 THC gummies and vapes. The bill would have carved out an exception for non-psychoactive compounds like cannabidiol (CBD) and cannabigerol (CBG), while introducing age restrictions and stricter packaging regulations aimed at keeping such products out of the hands of minors.
But Abbott’s veto message—issued quietly just before the midnight deadline—has kept those products on Texas shelves for now, drawing swift praise from hemp industry leaders and sharp criticism from some of the state’s top Republicans.
Industry Praises “Thoughtful” Move
“Governor Abbott showed real leadership today,” the Texas Hemp Business Council said in a statement Sunday night. “Texas is stronger for it.”
The Hemp Industry and Farmers of America echoed the sentiment, calling Abbott’s decision “an intentional, thoughtful commitment to protecting public safety as well as the future well-being of Texas farmers, small businesses, and the workforce dependent upon the legitimate hemp industry.”
The veto effectively keeps a booming Texas hemp market open for business—at least temporarily. Hemp retailers and manufacturers across the state, many of whom had braced for a legal shutdown, expressed relief as the news spread late Sunday.
A Sharp Rebuke from Lt. Gov. Dan Patrick
Not everyone celebrated.
Lt. Gov. Dan Patrick, who made SB 3 one of his top legislative priorities, wasted no time expressing his frustration with Abbott’s decision. Patrick had spearheaded the push for the bill, visiting stores, hosting press conferences, and highlighting what he called the “public health dangers” of unregulated THC.
“Throughout the legislative session, [Gov. Abbott] remained totally silent on Senate Bill 3... His late-night veto... leaves [Texans] feeling abandoned,” Patrick said in a fiery statement Sunday night. “I feel especially bad for those who testified and poured their hearts out on their tragic losses.”
Patrick has called a press conference for Monday in Austin, where he’s expected to address the fallout and possibly lay the groundwork for future legislative efforts.
Public Opinion Didn’t Back the Ban
Despite its support among most Republican lawmakers—105 of 108 voted for it—SB 3 faced strong public opposition. A June poll showed 61% of Texas voters opposed the bill, including a significant number of Republicans (44%), Independents (66%), and Democrats (80%). Another survey in March found that 68% of Texans supported keeping THC legal if it were tightly regulated with age restrictions and clear labeling.
Advocates of the bill often pointed to anecdotal evidence and rising ER visits as justification for the ban, while opponents said SB 3 overreached and threatened to wipe out an entire legal industry.
Legal Pushback Already Underway
Just days before Abbott’s decision, a coalition of hemp businesses filed a preemptive lawsuit arguing that SB 3 would retroactively criminalize legal activity, devastate farms, and violate property rights. Companies like Hometown Hero and other industry groups had vowed to challenge the bill in court if signed into law.
“SB 3 was a solution in search of a problem,” one industry attorney said Sunday night. “This veto spares small businesses a devastating blow—at least for now.”
What’s Next: A Special Session Fight Looms
While Abbott’s veto delivers a temporary win for the hemp industry, the battle is far from over. The governor signaled that SB 3—or a revised version of it—will likely reappear in a special session later this year.
“Concerns raised by both lawmakers and industry stakeholders deserve serious consideration,” a source close to the governor’s office told reporters. “The door isn’t closed on this issue.”
For now, hemp retailers will continue to operate in a legal gray area, navigating rapidly evolving state and federal laws while preparing for what could be another high-stakes legislative showdown in the coming months.
