The Texas Senate State Affairs Committee on Tuesday advanced Senate Bill 5 (SB 5), the latest and most stringent attempt yet by state lawmakers to regulate — and in many cases ban — hemp-derived THC products. The bill, authored by Sen. Charles Perry (R-Lubbock), marks a renewed push to control the rapidly growing market of intoxicating hemp derivatives, this time during a special legislative session.
“This feels a little bit like Groundhog Day,” Perry quipped at the start of the hearing, alluding to the Legislature's repeated efforts to address the issue after a similar bill failed to pass earlier this year. Still, the senator made clear that this version of the legislation is designed to eliminate what he described as dangerous, intoxicating products that have proliferated under the guise of legality.
What SB 5 Would Do
Under SB 5, non-intoxicating hemp-based products such as cannabidiol (CBD), cannabigerol (CBG), hemp seed oil, hemp seed protein, and hemp seeds themselves would remain legal. However, the bill would ban products containing synthetic THC — compounds engineered to mimic the psychoactive effects of delta-9 THC, the active ingredient in marijuana.
Additionally, any product with a THC concentration above 0.3% by dry weight would be considered illegal, regardless of the total milligrams per serving. Perry emphasized that public confusion around THC legality stems from industry messaging focused on milligram content, not potency.
“In a word, if you get high from the product, it is illegal. That's plain and simple,” Perry said.
He also insisted that many hemp retailers wouldn’t be forced to shut down under the legislation, stating that most stores have other product lines to fall back on and that those currently selling synthetic THC are already operating in violation of federal and state law.
Industry Pushback
Despite Perry's assurances, SB 5 drew strong opposition during public testimony. Business owners and advocates accused the Legislature of favoring powerful alcohol and pharmaceutical interests over small businesses and consumers seeking alternatives to traditional intoxicants or medications.
Lucas Gilkey, CEO of Austin-based cannabis company Hometown Hero, criticized the committee for focusing on hemp-derived products while remaining silent on the public health risks of alcohol.
“The amount of money that's being provided by the alcohol lobbyists and industry in the state is highly concerning,” Gilkey said. He also noted that cannabinoids have technically been illegal in Texas for over a decade but continue to be widely sold and used. Hometown Hero had previously announced plans to sue the state over a similar ban passed in the regular session, which Gov. Greg Abbott ultimately vetoed in June.
Veterans Voice Opposition
Mitch Fuller, a spokesperson for the Texas Veterans of Foreign Wars, also opposed SB 5, arguing that hemp-derived THC has provided meaningful relief to veterans struggling with pain, PTSD, and depression — often serving as a safer substitute for opioids and antidepressants.
“This is about the pharmaceutical lobby. This is about the alcohol lobby. This is about the restaurant lobby. This is about the marijuana lobby,” Fuller said, arguing that declining alcohol sales may be a factor in the push to ban intoxicating hemp products. “Pharmaceuticals and alcohol are the poison. This is not about getting high.”
Perry’s Final Word
In his closing remarks, Perry acknowledged that the hemp industry is open to regulation — and even points to models like the alcohol and tobacco industries as examples of what regulated frameworks could look like. But he pushed back against what he called inconsistent arguments from opponents.
“Either the state’s woefully done a horrible job of regulating alcohol… or [the opposition] believes it’s acceptable to have thousands of people killed,” Perry said.
He concluded with a somber reflection on the growing presence of synthetic intoxicants in Texas, saying, “This ship was coming whether we wanted to admit it or not. I'm sad for those that have been involved with it, both on a financial level as well as — I'm sad for the people who have gotten tied up in it.”
The committee unanimously voted to move SB 5 to the full Senate, where it is expected to face additional debate in the coming days. The outcome could significantly shape the future of hemp and THC regulation in Texas — and determine whether the booming hemp industry can coexist with the state’s increasingly strict approach to intoxicating substances.
