Texas legislature united on hemp-derived THC ban

The Texas House and Senate have entered the special session in rare alignment, introducing identical legislation that would impose a near-total ban on hemp-derived THC products across the state. On Monday, Rep. Gary VanDeaver (R–New Boston) filed House Bill 5 (HB 5), which mirrors a Senate proposal already moving through committee.

Under the bill, only CBD and CBG products would remain legal for sale. Retailers would be required to verify that customers are at least 21 years old, and products would need certification proving they contain “no detectable amount” of any cannabinoid beyond CBD and CBG. The legislation also seeks to restrict marketing tactics, barring packaging that might appeal to children—such as bright colors or cartoon characters—and bans synthetic derivatives of THC entirely.

A Repeat of Earlier Legislative Battles

This push is not new. In the regular legislative session earlier this year, debate over hemp-derived cannabinoids consumed both chambers. Lawmakers ultimately passed Senate Bill 3 (SB 3), which targeted products containing compounds like delta-8 and delta-9 THC—compounds often marketed as “legal” alternatives to marijuana. Governor Greg Abbott vetoed SB 3, splitting legislators: some criticized the move as weakening public safety protections, while others argued the veto preserved consumer access and avoided potential litigation over federal preemption.

Some House members who initially supported the broader ban have since signaled they might favor a more nuanced approach this time. However, at least at the outset, the House and Senate appear to be following the same strict path they pursued previously.

Abbott’s Alternative Plan

Governor Abbott has made clear that he does not fully support the zero-tolerance approach taken by both chambers. In an interview last week, he described what he believes is a more balanced regulatory model:

Restrict sales to individuals over 21

Prohibit synthetic THC compounds

Impose strict oversight at each stage of manufacturing

Allow hemp products containing up to three milligrams of non-intoxicating THC per serving, rather than banning all THC outright

Abbott also cited Virginia’s 2023 hemp law as a template. That statute allows products with a total THC content below 0.3 percent but limits each package to two milligrams of THC unless the product maintains a high CBD-to-THC ratio. Virginia’s law also mandates child-resistant packaging and prohibits synthetic derivatives. When challenged in court, the Fourth Circuit ruled that states can impose stricter health and safety regulations than those outlined in the federal 2018 Farm Bill, which legalized hemp containing up to 0.3 percent delta-9 THC by dry weight.

What Comes Next

SB 5 has already passed the Senate State Affairs Committee and will likely reach the Senate floor soon. Once approved there, the House will begin debating its identical version, HB 5. If both chambers pass the bills without amendments, the legislation would land on Abbott’s desk—forcing a decision on whether to sign a ban that conflicts with the more moderate framework he has endorsed.

Legal experts and industry advocates are watching closely. A total ban could trigger lawsuits similar to those filed in other states, while a more regulated, potency-based system might avoid prolonged litigation but could leave lawmakers facing criticism from groups seeking a tougher crackdown on intoxicating hemp products.