Texas Senate gives first approval to hemp ban bill despite Gov. Greg Abbott vetoing earlier attempt

The Texas Senate on Wednesday gave preliminary approval to a bill that would ban all THC-containing hemp products — even though Gov. Greg Abbott recently vetoed a nearly identical proposal and asked lawmakers to prioritize crafting legislation that would regulate the industry instead of shutting it down.

Senate Bill 5 — authored by Lubbock Republican Sen. Charles Perry, who also penned the vetoed ban — received 20-9 approval vote, setting it up for a final review by the upper chamber before it goes to the House. Lt. Gov. Dan Patrick, who controls the Senate’s agenda, is a vocal crusader for a complete ban on THC, at one point accusing Abbott, a fellow Republican, of wanting to legalize recreational pot.

As with Perry’s previous bill, the legislation would effectively shut down the state’s hemp industry — which generates $8 billion in annual tax revenue and employs 50,000 people — and ban any products, such as delta-8 or delta-9, that contain a “detectable amount” of THC. The cannabinoids CBD and CBG, which have no intoxicating properties, would be exempt from the ban.

Perry’s defended his second attempt at a ban by arguing that Texas law enforcement agencies don’t have enough time or resources to enforce regulations on hemp businesses. He’s also argued the state’s limited medical cannabis program, called the Texas Compassionate Use Program (TCUP), can’t thrive until hemp products are banned.

During debate on Senate Bill 5, Texas Sen. José Menéndez, a San Antonio Democrat, said SB 5 would harm people such as veterans and the chronically ill, who use hemp products for relief, according to the Texas Tribune. He argued that many feel priced out of the TCUP program, which includes draconian limits on how much THC products can contain.

“My concern with the TCUP program we have today is that it’s almost so expensive and difficult to access for so many that they have been forced to [use] hemp,” Menéndez said. “They’re substituting cannabis with hemp, and I don’t think it’s the best option, but it’s the only one they have.”

SB 5 faces an uncertain reception in the House. Members there have filed proposals that range from a companion bill to the Senate ban to bills that would regulate hemp like alcohol or decriminalize small amounts of pot possession.

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This article appears in Jul 23 – Aug 6, 2025.