The Texas Senate passed a sweeping bill Friday that would effectively ban most hemp-derived THC products in the state, reigniting a fierce policy battle over cannabis regulation as lawmakers enter the second week of a special legislative session.
Senate Bill 5, sponsored by Sen. Charles Perry (R-Lubbock), passed the Senate in a 21-8 vote. It would ban any product containing “any detectable amount of any cannabinoid” other than CBD and CBG—non-intoxicating compounds in cannabis. The measure now heads to the House, where lawmakers are sharply divided and multiple competing proposals have already been filed.
The bill represents a renewed push to restrict hemp products after Gov. Greg Abbott vetoed a similar measure earlier this year. At the time, Abbott called for regulations rather than an outright ban, proposing a model akin to alcohol sales, with age restrictions and location limits. Still, he has since supported a ban on “extraordinarily dangerous synthetic products” and sales to minors.
But Perry is pushing for a total prohibition, arguing the industry has exploited loopholes since hemp was legalized federally and by Texas in 2019.
“This isn't the pot of the 50s. At least we could predict what that was. We don't know what this is. One joint, one edible, can change your life,” Perry said Friday, emphasizing concerns over product potency and unpredictable effects.
Perry rejected the idea of regulating THC like alcohol, citing law enforcement’s lack of resources and expressing skepticism about the hemp industry’s willingness to comply with oversight.
“Their business model is not based on low level, it's based on getting you out of your issue for as long as they can and for as much as they can,” he said Wednesday.
Critics say the bill goes too far. Sen. José Menéndez (D-San Antonio) argued that while protecting children is essential, the legislation fails to balance public health and personal freedom.
“The only therapy where we get between a patient and a doctor is this. That doesn't make sense to me,” he said on the Senate floor. “The narcotics they hand out to our vets and our hospice patients, those should be illegal. I think this bill is going to push people back to opioids. I worry about that.”
Growing Divide in the Legislature
The THC debate is likely to intensify in the House, where lawmakers have introduced bills offering a broad spectrum of regulatory approaches.
Rep. Gary VanDeaver (R-New Boston) introduced House Bill 5, a companion to SB 5, which mirrors the Senate’s ban. In contrast, House Bill 195, filed by Rep. Jessica González (D-Dallas), proposes full legalization for adults over 21, including possession limits and home storage regulations.
Other proposals fall between those extremes. House Bill 160, by Rep. Charlene Ward Johnson (D-Houston), would require warning labels on products containing THC. Senate Bill 39, by Sen. Judith Zaffirini, focuses on protecting children by banning marketing aimed at youth. House Bill 42, from Rep. Nicole Collier (D-Fort Worth), would offer legal protections for consumers who unknowingly buy products with more THC than allowed.
Meanwhile, Sen. Nathan Johnson (D-Dallas) has introduced Senate Bills 53 and 54, which seek to regulate the industry through product caps, age limits, and decriminalization. SB 53 would restrict THC dosage to 5mg per serving, enforce child-safe packaging, and redirect tax revenue toward health and law enforcement initiatives. SB 54 would decriminalize small amounts of marijuana for personal use.
Uncertainty Ahead
The next several weeks could define the future of Texas’s hemp and cannabis landscape. Lt. Gov. Dan Patrick, a vocal opponent of THC availability, has backed Perry’s proposal, signaling strong Senate support for a ban. But in the House, where viewpoints vary widely and more representatives have shown willingness to regulate rather than prohibit, the outcome is far from certain.
The stakes are high for consumers, businesses, and regulators alike. Hemp industry advocates say the products are a vital alternative for pain relief, mental health, and sleep disorders—particularly among veterans and people with chronic illnesses. Critics of SB 5 warn a ban could push consumers toward more dangerous substances or illicit markets.
