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Texas is poised to ban all THC products in the state, including vapes, gummies and drinks that provide consumers similar effects to marijuana.
The proposed law, Senate Bill 3, would ban consumable hemp products that contain any synthetic cannabinoid, often known as delta-8. Non-intoxicating and non-psychoactive CBD or CBG would remain legal.
People found in possession of a product with those intoxicating cannabis compounds could face a fine of up to $500 come September. Higher fines and jail time would be possible for repeat offenders.
Only Texans approved to use medical marijuana for certain conditions would be able to use low-level THC prescriptions. A separate proposal could expand access to the limited medical program.
The proposed ban is in the final stages of the legislative process, with lawmakers taking largely procedural votes. Gov. Greg Abbott, who could veto the legislation, has not made public comments. The ban has been one of fellow Republican Lt. Gov. Dan Patrick’s top legislative priorities. Here’s what you need to know.
What are consumable hemp products?
Under the proposed law, hemp products would include a “food, a drug, a device, or a cosmetic” that contains hemp or hemp-derived cannabinoids. This could include products such as gummies, edibles, vapes and ointments with hemp or any cannabis compounds. CBD and CBG, though still legal, are also considered consumable hemp products in the legislation and would eventually have to be registered with the state.
Hemp is a type of cannabis plant with a lower content of the “high-inducing” tetrahydrocannabinol, or THC, content also found in marijuana at higher concentrations.
Since hemp was legalized federally in 2018 and Texas in 2019, it has increasingly been used in a variety of ways, including in food, textiles and to produce pain-treating CBD products as well as THC products. Marijuana — defined by federal law as cannabis that exceeds 0.3% THC concentration — has remained illegal to use or possess under Texas law.
Who would be affected?
Texans, including individuals with conditions not yet approved in the state’s medical use program, are set to lose legal access to THC products currently sold at smoke shops, convenience stores, and thousands of other retailers across the state.
Though hemp products containing only CBD and CBG would still be legal, advocates say the ban could make access to and production of these products difficult.
“It’s very difficult to even be able to isolate CBD in a way that completely eradicates every other element of the plant,” said Heather Fazio, director of the Texas Cannabis Policy Center. “This is a very tall order for a company to reach compliance, and there are going to be very few manufacturers that are able to hit these targets. There’s going to be far less CBD available to Texas consumers because of the unreasonably strict standards that have been placed in this bill.”
Farmers have said there is no way they can produce hemp without traces of THC, even for non-consumable products like clothing and paper. Critics of the ban say this could shutter the hemp industry, which, according to one estimate, accounts for roughly 50,000 jobs and generates $8 billion in tax revenue annually.
How did we get here?
When lawmakers legalized hemp products in 2019, they maintained a ban on products containing more than trace amounts of delta-9 THC, a naturally more potent, high-inducing cannabis compound. However, lawmakers did not specifically account for other hemp derivatives. Now, lawmakers in favor of banning THC say they need to close a loophole that allowed thousands of retailers to sell edibles, drinks, vapes and flower buds laced with potentially dangerous concentrations of THC.
Opponents of the ban say completely banning THC products, rather than regulating them, could push consumers to seek unsafe alternatives.
“By doing that, the state hands over any opportunity they have to ensure consumer protection, to keep these products away from young people and to hold accountable suppliers of potentially bad product,” Fazio said.
When would it go into effect?
If the legislation wins final approval from both chambers, the ban would go into effect in September, like most new laws.
Requirements for CBD and CBG retailers to register with the state would not go into effect until Jan. 1, 2026, giving state agencies time to implement rules. After this point, selling and possessing any consumable hemp product not registered with the state would also become criminal offenses.
However, retailers in Texas have indicated they are ready to challenge the ban in court, which could open the possibility for a judge to pause or complicate implementation of the law.
What should consumers do with products they already have?
The legislation does not address what consumers should do with the products they already have, but the penalty for people in possession of hemp products other than CBD and CBG does not go into effect until Sept. 1.
Are there guidelines or risks related to the possession of hemp once the change is in place?
The ban also adds many criminal offenses related to THC and hemp products.
Offenders found in possession of THC would face a Class C misdemeanor punishable by a fine of up to $500, with a chance to expunge their record by performing community service and completing a “substance misuse education program.” Those with two or more previous convictions for possession could face a fine between $250-2,000 and/or 180 days in jail, and they would not be eligible to receive deferred disposition or deferred adjudication.
Other offenses that would be Class A misdemeanors include:
Selling a consumable hemp product to people under the age of 21.
Marketing a consumable hemp product in a way attractive to minors.
Misleading marketing of consumable hemp products.
Mailing or delivering of a consumable hemp product.
Class B misdemeanors – punishable by up to 180 days in jail – include:
Manufacturing or distributing consumable hemp products for smoking.
Selling or delivering consumable hemp products in or within 1,000 feet of a school.
Selling and manufacturing THC products would be a third-degree felony, punishable by 2 to 10 years in prison. This includes possessing THC products with the intention to deliver them. Manufacturing consumable hemp products without a license or selling them without registering as a retailer would also be third-degree felonies.
Marijuana has remained illegal under Texas law, with various penalties depending on the amount. Some cities in Texas have attempted to decriminalize possession of less than 4 ounces of marijuana, but those efforts have faced lawsuits from Texas Attorney General Ken Paxton and mixed results in courts.
Is medical cannabis an option for Texans?
Medical use of cannabis may be an option for Texans with certain conditions. It requires patients to get a prescription from a physician registered with the program and for the physician to determine the benefits outweigh the risks. Under the existing program, only the following diagnosed conditions qualify:
Amyotrophic lateral sclerosis
Autism
Cancer
Epilepsy
Multiple sclerosis
Post-traumatic stress disorder
A seizure disorder
Spasticity
An incurable neurodegenerative disease
A medical condition for which the patient is currently being treated under an approved research program.
However, there are only three licensed dispensing organizations for the medical program in Texas, further complicating access for patients, said Shawn Hauser, a partner at the firm Vincente LLP.
Patrick, who has fiercely championed the THC ban, expressed support for expanding the program, including licensing more dispensers. That is among the proposals in a separate bill that would expand the program by extending access to people with Crohn’s disease, chronic pain and those receiving hospice or palliative care. The measure has passed the House and is awaiting a vote from a Senate committee.
Jasper Scherer contributed.
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