Texas' hemp industry is pushing back after state lawmakers once again floated the idea of banning THC products, arguing that regulation—not prohibition—is the better path forward.
The Texas Hemp Business Council (THBC) released a policy analysis this week in response to a Senate Health and Human Services Committee hearing held last week, where lawmakers revisited the state's growing concerns over THC products.
The hearing was held under Lt. Gov. Dan Patrick's 2026 interim charge, "Addressing Societal Impacts of THC Product Consumption." During the meeting, State Sen. Charles Perry, R-Lubbock, said he plans to file another bill banning THC products when the 90th Texas Legislature begins in January.
It's a fight Texans have seen before.
Last session, lawmakers passed Senate Bill 3, which would have effectively banned THC products in Texas. Gov. Greg Abbott ultimately vetoed the measure, allowing hemp products containing no more than 0.3% THC by dry weight to remain legal.
Since then, the legal battle over hemp has continued.
In March, the Texas Department of State Health Services (DSHS) adopted new rules clarifying that THCa counts toward the state's legal THC limit, targeting what regulators viewed as a loophole some manufacturers had been using. A Travis County judge temporarily blocked those rules, but the Texas Supreme Court reinstated them in May.
Now, DSHS is reinstating its 2021 definitions of cannabinoids following that Supreme Court ruling. According to a notice published in the July 10 edition of the Texas Register, the changes will once again take effect after years of litigation over the agency's authority.
Lukas Gilkey, CEO and founder of Hometown Hero ATX, said the latest change affects certain hemp-derived THC products that contain no delta-9 THC.
"Just to be clear, if you're a business or consumer, this impacts products that do not have delta-9 in any amount in them that are THC hemp-derived products, and it is set to take effect on July 31," Gilkey said.
Much of last week's hearing focused on rising THC exposures among children.
Lawmakers heard testimony that calls to the Texas Poison Center Network involving THC have climbed sharply over the past five years, with children ages 5 and younger making up the largest group of reported exposures. Representatives from hospitals and community health programs told lawmakers they have seen a significant increase in pediatric THC-related incidents.
The hemp industry doesn't dispute those numbers, but it argues they don't tell the whole story.
In its analysis, the THBC compared THC with other public health issues—including alcohol, tobacco, opioids, fentanyl and obesity—and argued lawmakers should evaluate THC within the broader context of health risks facing Texas.
"Cannabinoid surveillance data and Poison Center reports are valuable public health tools, but they measure different outcomes than mortality, hospitalization, criminal justice expenditures, or statewide health care costs," the report states.
The organization also warned lawmakers about the unintended consequences of prohibition, arguing that banning legal THC products could drive consumers toward unregulated and illicit markets instead.
State Sen. Molly Cook, D-Houston, questioned whether criminal penalties for low-level THC possession are the best use of taxpayer dollars.
"I think one of the most important things we can do to save our state money and have a positive public health impact would be to end prosecutions for low-level THC possession crimes—there are estimates that it could save us hundreds of millions of dollars," Cook said.
"And in the same way a chemical substance affects a mind, so does incarceration."
THBC President Cynthia Cabrera was even more critical of the hearing itself.
"The committee heard one-sided testimony, ignored critical data and excluded perspectives from legal businesses, consumers and public policy experts who could have provided a more complete picture of the issue," Cabrera said, calling the hearing a "travesty of the legislative process."
