Texas House gives initial approval to bill that would completely ban THC products

The Texas House of Representatives late Wednesday gave preliminary approval to a bill that would fully ban any consumable hemp products containing THC, the psychoactive ingredient in cannabis that gets people high.

The legislation, an amended version of Senate Bill 3, would effectively shut down a hemp industry that advocates say contributes $10 billion to the state economy and supports 50,000 jobs. It also means consumers — whether casual users or those seeking relief from conditions such as chronic pain or PTSD — will no longer be able to buy hemp-based products including delta-8 vapes and edibles from smoke shops, dispensaries and convenience stores.

CBD products, which contain non-intoxicating cannabinoids, could still be sold under the proposal. However, new rules would require them to be packaged so they’re less accessible to children.

The House vote is a win for Republican Lt. Gov. Dan Patrick, who made shutting down the state’s retail hemp industry one of his top priorities this legislative session. The senate, over which Patrick presides, passed a THC ban in March, and he’s repeatedly threatened to extend the session if the House fails to follow suit.

Hemp business officials blasted the House’s amended version of the bill, accusing Patrick of singlehandedly waging a crusade to shutter an industry that sprung up to meet consumer demand for non-addictive products that can relieve PTSD, chronic pain and anxiety. They said they were willing to work with lawmakers to implement common-sense regulations to ensure products are safe and kept out of the hands of kids.

“This is raw politics over policy,” Mark Bordas, executive director of the Texas Hemp Business Council, told the Current prior to the House vote. “It’s all coming from the will of one man, and we’ll see how that plays out.”

Bordas said the majority of people who testified against a state ban are people who have found relief from serious health conditions by having easy access to THC.

“It wasn’t a bunch of stoners like the Lieutenant Governor would have you believe,” Bordas said. “Overwhelmingly, it was veterans, it was people with PTSD, it was people who have suffered debilitating pain from serious car accidents.”

Earlier this week, House lawmakers began discussing a draft amendment to SB 3 that would have heavily regulated the hemp industry but allowed it to continue producing certain types of THC-containing products. However, House Republicans ultimately capitulated to Patrick and tacked on a different amendment that largely echoed the Senate’s outright ban.

“I’ve been here for 17 years at the Texas Capitol — 10 years as your lieutenant governor. I’ve never been more passionate about anything,” Patrick said in a video tweeted out Monday amid House deliberations. “I’m not going to leave Austin until we get this done.”

Under SB 3, those busted with hemp products containing any level of THC would face up to a year in jail. That’s a more serious penalty than currently on the books for low-level marijuana possession. Those arrested for manufacturing or distributing such products could face felony charges that include up to 10 years of prison time.

SB 3 is expected to receive a final House vote on Thursday, after which it will head back to the Senate to iron out differences. Gov. Greg Abbott hasn’t publicly stated whether he’s prepared to sign the final legislation.

Lukas Gilkey, CEO of hemp-products manufacturer Hometown Hero, said in a video shared Wednesday that the industry expects to file a lawsuit challenging the state’s ban.

In a potential upside for cannabis users, the lower last week passed House Bill 46, which would expand the state’s limited medical cannabis program by opening it up to people suffering from a wider variety of conditions and by expanding its approved products to include vaping devices and more. The legislation also would allow approved suppliers to store products overnight at their retail dispensaries, fixing a rule in existing legislation that’s hampered their growth.

While Patrick on Wednesday tweeted out his “full support” for expanding the state’s medical cannabis program, he only mentioned his support for expanding licenses and allowing storage at satellite locations. He made no mention of expanding qualifying conditions or allowing those in the program to purchase new varieties of cannabis products.

Further, Texas Sen. Charles Perry, R-Lubbock, this week said he would introduce a proposal in the upper chamber to expand the state’s so-called Compassionate Use Program, but it wouldn’t be as expansive as the House version, according to the Texas Tribune. Perry warned the House proposal “could open up the door for unintended consequences.”

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This article appears in May 14-27, 2025.