With the Texas Legislature set to adjourn sine die on Wednesday from its second special session of the year, one of the most hotly debated issues — the future of hemp-derived THC — remains unsettled. Lawmakers, lobbyists, and industry stakeholders are watching closely as last-minute negotiations unfold behind closed doors, uncertain whether a deal will emerge or whether the matter will be punted into yet another round of lawmaking.
At the center of the standoff are Gov. Greg Abbott, Lt. Gov. Dan Patrick, and House Speaker Dustin Burrows (R-Lubbock), often referred to as the “big three” of Texas politics. According to sources close to the Capitol, the trio spent hours in meetings this week discussing potential ways forward. Central to those conversations is House Bill (HB) 309, filed by state Rep. Briscoe Cain (R-Deer Park), which may serve as a template for compromise.
A Long-Burning Debate
The current dispute stems from Senate Bill (SB) 3, a proposal championed by Patrick during the regular legislative session earlier this year. The measure would have prohibited the sale, manufacture, and possession of hemp-derived THC products in Texas, while still allowing the sale of non-psychoactive cannabinoids like cannabidiol (CBD) and cannabigerol (CBG) for individuals over 21.
SB 3 passed both chambers of the Legislature, but at the eleventh hour, Gov. Abbott vetoed it. In his veto proclamation, Abbott argued that the bill risked facing “valid constitutional challenges” and asked lawmakers to revisit the issue during a special session.
Patrick, visibly frustrated with the governor’s move, made it clear he intended to continue pressing for a ban. He tasked state Sen. Charles Perry (R-Lubbock) with reviving the proposal, leading to a new Senate measure, SB 5, which closely mirrored the vetoed legislation.
But before the issue could advance, the process was derailed when Texas Democrats broke quorum over the state’s mid-decade congressional redistricting plan. That brought the first special session to a halt, leaving THC regulation unresolved.
The Law Today
As things stand, Texas law permits the sale of hemp-derived products as long as they contain less than 0.3 percent THC — the psychoactive compound in cannabis that produces a “high.” That includes popular derivatives like delta-8 and delta-9 THC, which have exploded in availability over the past three years.
These products are sold openly in gas stations, smoke shops, and wellness stores across the state, often in the form of gummies, tinctures, vapes, and even sodas. Unlike alcohol and tobacco, there is currently no statewide minimum age to purchase hemp-derived THC products in Texas.
For some lawmakers, that legal framework is dangerously permissive. They argue that children and teenagers have easy access to psychoactive substances with little oversight. For others, however, the hemp industry represents both a legitimate business and a source of therapeutic relief for veterans, chronic pain patients, and ordinary Texans.
The stakes are high on both sides: the hemp industry in Texas generates an estimated hundreds of millions of dollars annually and supports farmers, manufacturers, and retail workers. At the same time, state health officials have raised concerns about unregulated products leading to hospital visits and a rise in youth usage.
Renewed Efforts, Renewed Gridlock
During the second special session, Abbott once again tasked lawmakers with what he described as “commonsense THC regulations.” Specifically, he asked for a cap on product potency, a ban on synthetic compounds, and a 21-and-over age requirement.
Both chambers responded with bills to restrict hemp-derived THC. In the Senate, SB 6 advanced, while in the House, HB 6 was filed. Both measures proposed a total ban on hemp-derived THC, along with limits on CBD and CBG sales to adults 21 and older. They also prohibited synthetic cannabinoids, such as THC-O, which have been linked to health risks.
However, both measures quickly stalled once they reached the House Public Health Committee. As of September 2, no hearings had been scheduled.
Meanwhile, the Capitol’s energy shifted toward other battles, most notably over property tax relief. Yet, sources say the “big three” continued to negotiate THC legislation behind closed doors, with Cain’s HB 309 emerging as a possible way out of the stalemate.
Cain’s Proposal: HB 309
Filed just six days ago, HB 309 spans 175 pages and represents the most detailed attempt yet at a compromise. Drafted in close consultation with the governor’s office, the bill does not outright ban hemp-derived THC but imposes strict limits and new regulatory frameworks.
Key provisions include:
THC limits: 2.5 milligrams of THC per serving in consumable hemp products, with a 50-milligram cap for other cannabinoids. Oil-based tinctures are restricted to the same levels.
Packaging restrictions: Products cannot be marketed in child-friendly packaging or resemble non-THC candies, snacks, or sodas.
Age verification: Retailers must scan identification to confirm buyers are at least 21 years old.
Bans on synthetic cannabinoids: All artificially produced cannabinoids are outlawed.
Local option elections: Similar to Texas’ alcohol laws, counties and cities could hold elections to decide whether to allow hemp sales locally.
Revenue allocation: Taxes collected from hemp sales would fund law enforcement, crime labs, youth education, and addiction services.
Cain described the bill as a “work in progress” designed to balance competing concerns. “HB 309 aims to protect public health, ensure product safety, support farmers and businesses, discourage illicit activity, and hold bad actors accountable,” he said. “The goal is to shield our neighborhoods, curtail the black market, and uphold the principles that define Texas as the beacon of liberty and prosperity.”
Industry and Public Response
The hemp industry, which has faced whiplash from repeated legislative attempts to ban or restrict products, has cautiously welcomed HB 309 as a more balanced approach. Retailers and farmers say an outright ban would devastate their businesses, forcing them to shutter shops and lay off workers.
Veterans groups have also spoken up, emphasizing that many former service members rely on hemp-derived THC to manage chronic pain, PTSD, and insomnia without resorting to opioids.
Opponents, however, remain skeptical. Some lawmakers and parent groups argue that even with stricter packaging rules and ID checks, the products pose too great a risk to youth. Others worry that allowing local option elections will create a patchwork of inconsistent rules across the state.
The Road Ahead
With the second special session scheduled to end Wednesday, time is running short. The House Public Health Committee is reportedly preparing to hold a hearing on HB 309, but even if it advances, Senate approval remains uncertain.
Patrick, who has repeatedly pushed for a full ban, may resist a compromise that allows hemp-derived THC to remain on the shelves. If no agreement is reached before adjournment, the issue could be carried into a third special session or delayed until the 90th Legislative Session next year.
For now, Texans who use or sell hemp-derived THC remain in limbo. The law continues to allow sales under the existing 0.3 percent THC cap, but the political fight over the future of the industry is far from over.
As one Capitol staffer put it Tuesday evening, “It’s really down to whether leadership can cut a deal. Either we see movement in the next 24 hours, or this issue smolders until the next session.”
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