The Texas legislature is once again stepping into a smoky political arena: regulating THC. After a highly contentious 89th Legislative Session, lawmakers have returned to Austin for a special session with a new charge from Governor Greg Abbott — figure out how to regulate hemp-derived THC. Whether you're a small business owner, a veteran seeking relief, or just someone trying to make sense of the rules, it’s clear that common sense must be at the heart of this debate.
From Midnight Veto to Front-Burner Issue
Senate Bill 3 (SB 3), once dubbed the “Ban THC in Texas” bill, had its day during the regular session. It passed both chambers, but Gov. Abbott quietly pulled the plug just before the midnight deadline with a veto. His decision was grounded in legal concerns and a desire for more thoughtful regulation — not an outright endorsement of recreational marijuana, as Lt. Gov. Dan Patrick suggested the next day.
Fast-forward to the special session, and THC is back on the agenda — this time with a more measured directive: regulate it, don’t nuke it. That means lawmakers are being asked to:
Ban sales of hemp-derived THC products to anyone under 21.
Enforce potency limits.
Crack down on synthetically modified cannabinoids.
Strike a balance between public health and legitimate agricultural commerce.
Why This Matters to Texans
Let’s be clear: hemp and THC are not the same as street weed. Since the 2018 federal Farm Bill and Texas’s own 2019 legislation, hemp products like CBD, Delta-8, and Delta-9 have become a staple on store shelves. They contain less than 0.3% THC and are often used for things like sleep, anxiety, and pain — especially by veterans and people with chronic conditions.
But Texas law has been a bit of a gray area. With no age limit to buy these products and little oversight of what’s in them, concerns about safety aren’t unfounded. Some shops are selling knockoff edibles, high-potency gummies, and even products mixed with alcohol or nicotine. That’s not regulation — that’s a free-for-all.
The public seems to understand this distinction. Polls show the majority of Texans don’t want a full ban but do want reasonable rules, including:
Age restrictions.
Product labeling.
Regulation of potency and additives.
This isn’t about a culture war. It’s about public safety and consumer protection — common sense stuff that has been missing from the conversation.
SB 5: A More Nuanced Approach?
Enter Senate Bill 5 (SB 5), authored by Sen. Charles Perry. It’s essentially a reboot of SB 3, but this time it's tuned more toward regulation than prohibition. It still contains strong restrictions, like:
Banning smokable hemp and synthetic cannabinoids.
Prohibiting any THC products combined with alcohol, tobacco, or nicotine.
Limiting sales to individuals 21 and older.
Some worry SB 5 still goes too far — especially with its sweeping bans on cannabinoids outside of CBD and CBG. That could cut out a wide range of legal, low-potency products that many rely on.
Still, compared to earlier proposals, SB 5 is a step closer to the middle ground many Texans support. It’s now on the docket for the Senate State Affairs Committee — and all eyes will be on how the Legislature chooses to strike this delicate balance.
What Lawmakers Should Keep in Mind
As the debate continues, here’s a dose of common sense for both sides:
Protecting public health doesn’t require prohibition. Age restrictions, potency caps, and better labeling are smart and overdue.
A booming hemp industry supports Texas agriculture and small businesses. Thousands of entrepreneurs could be impacted by heavy-handed legislation.
Consumers deserve clarity and safety. Right now, the lack of regulation means Texans can’t always trust what’s in the products they’re buying.
Veterans and chronic pain patients need alternatives. For some, hemp-derived THC is a safer, legal way to manage pain than opioids.
Conclusion: Time for Smart, Balanced Policy
The battle over THC in Texas is a microcosm of a broader national debate — how to regulate a substance that sits between medical relief and recreational use, between agriculture and public health. What’s clear is that Texans want safe, legal access to low-level THC products — not a black market created by bans that ignore reality.
With SB 5 now moving through the special session, lawmakers have a second chance to get this right. It’s time for Texas to lead with policy that’s not driven by fear, but by facts — and grounded in common sense.
