The Texas Senate has given preliminary approval to a sweeping bill that would dramatically reshape the state's hemp retail landscape by banning nearly all hemp-derived THC products. Senate Bill 5 (SB 5), authored by Sen. Charles Perry (R-Lubbock), passed on second reading Tuesday with bipartisan support in a 21-8 vote, and is expected to receive a final vote on Friday.
If enacted, SB 5 would prohibit the sale of any hemp-based product containing cannabinoids other than CBD or CBG — the two compounds that remain federally legal and are typically associated with wellness and anti-inflammatory benefits. The bill also includes a 21-year age restriction on the purchase of legal hemp products and bans product packaging designed to appeal to children.
Aimed at Closing Loopholes
During Senate debate, Perry said SB 5 is designed to close what he called “exploitation” of legal loopholes in the state’s hemp laws. “We have retailers playing enforcement roulette,” Perry stated. “They operate on the theory, ‘We got so big, we’re too big to fail now.’ That stops here.”
Since the 2018 federal Farm Bill legalized hemp with less than 0.3% delta-9 THC, an unregulated market for hemp-derived THC products — including delta-8, delta-10, and THC-O — has rapidly expanded in Texas and across the country. These products can often produce psychoactive effects similar to marijuana, and are sold widely in vape shops, convenience stores, and online.
Critics of SB 5 say the bill is a blunt approach that overreaches and ignores the potential benefits of a regulated market. But Perry countered that regulation is not a realistic solution. “Regulation is decriminalization,” he said. “The practicality of enforcement effectively does decriminalize.”
Medical Access and Ongoing Programs
In response to concerns from veterans and medical cannabis advocates, Perry clarified that the bill would still allow access to non-psychoactive cannabinoids like CBD and CBG. He also emphasized that hemp cultivation would remain legal under federal guidelines.
Perry referenced the Texas Compassionate Use Program, which currently allows limited access to low-THC cannabis for qualifying medical conditions. He acknowledged that the program is still evolving but claimed it will eventually provide a safe and medically supervised option for patients.
“It will take a little bit of time,” Perry said, “but they will ultimately be able to provide the marketplace in a prescribed, prescription-driven, doctor-monitored way.”
Pushback and Alternative Proposals
Earlier in the day, Senators Nathan Johnson (D-Dallas) and Molly Cook (D-Houston) held a press conference to unveil a competing plan that would regulate rather than ban hemp-derived THC. Cook argued that banning the products ignores their potential therapeutic value, especially for those who rely on them as alternatives to opioids.
During the floor debate, Cook questioned Perry about the logic behind banning THC while allowing regulated access to alcohol. Perry insisted THC carries longer-lasting effects that are more damaging. “You could be tripping for four days on some of this stuff,” he said. “With alcohol, it’s usually out of your system within 24 hours.”
Sen. Jose Menéndez (D-San Antonio) also challenged the bill, expressing concern for businesses and individuals who use hemp products responsibly. But Perry maintained the current market has gotten out of hand and must be curtailed.
Support from Leadership and Law Enforcement
Lt. Gov. Dan Patrick has made SB 5 one of the Senate’s top legislative priorities, citing concerns over public health and law enforcement challenges.
“We refuse to let rogue retailers exploit loopholes in state law to sell dangerous THC products into our communities,” Patrick said in a statement following the vote. “SB 5 has the support of every law enforcement agency in the state, the Texas Medical Association, the Texas Pediatric Society, and many families impacted by this scourge sweeping our state.”
Perry also introduced an amendment to SB 5 that would prohibit certain hemp products from being delivered via courier services — a move aimed at preventing underage access and bypassing in-store age verification.
What’s Next
With Senate approval likely on Friday, SB 5 will then move to the Texas House, which is expected to consider a nearly identical version of the bill. If passed by both chambers and signed by Gov. Greg Abbott — who has expressed interest in reforming the hemp market — the ban could take effect as early as this fall.
The debate around SB 5 reflects a broader national conversation about how states should handle the fast-evolving world of hemp-derived cannabinoids, which have outpaced both public policy and enforcement capacity. For now, Texas appears poised to take one of the most aggressive stances in the country.
