The availability of THC-containing hemp products has soared in Texas over the past few years. Lawmakers are now fighting over whether to regulate the industry or ban it. Credit: UnSplash / Elsa Olofsson
Despite Gov. Greg Abbott’s recent veto of state lawmakers’ ban on THC-containing hemp products, members of Lt. Gov. Dan Patrick’s Texas Senate are forging ahead with a new bill that would completely outlaw the substance.

Senate Bill 5, authored by Lubbock Republican Sen. Charles Perry, would bar the sale or possession of any product containing a “detectable amount of any cannabinoid” other than the non-intoxicating compounds CBD and CBG. Under Perry’s proposal, manufacturing or distributing hemp products would become a third-degree felony, while possession would carry misdemeanor charges. Those caught possessing hemp for the first time wouldn’t be charged, however.

During a Tuesday hearing covered by the Texas Tribune, Perry argued the state had already tried to regulate THC-containing hemp products but was unable to enforce the rules, leaving no other recourse but a total ban. THC — the substance in cannabis that gets people high — is widely available in hemp products sold in smoke shops, dispensaries and convenience stores statewide.

“We will regulate it by banning it because we have tried regulation,” said Perry, a Patrick ally who also carried the state’s original hemp-ban bill.

The Senate State Affairs Committee unanimously approved Senate Bill 5 on Tuesday, clearing it for a debate by the full Senate.

The bill’s forward movement likely sets up a showdown with Gov. Greg Abbott, who vetoed the original ban last month under pressure from veterans and people suffering from chronic medical conditions, who say they rely on the products for relief. Bill opponents reportedly delivered petitions with 150,000 signatures to the governor’s office asking for the veto.

In his call for the current special session of the Texas Legislature, Abbott urged lawmakers to create a regulatory framework for hemp similar to alcohol, including prohibiting sales to minors, requiring potency testing and outlawing potentially dangerous products. In a statement to the Tribune, an Abbott spokesman reiterated that goal.

“Adults should be able to access heavily regulated, nonintoxicating levels of hemp, and there should be strict legal enforcement of hemp that exceeds 3.0 milligrams total THC per serving,” said the governor’s press secretary, Andrew Mahaleris. “The governor will continue working with the legislature to establish a framework that meets those goals.”

In an emailed statement, trade group the Texas Hemp Council accused Patrick and Perry of trying resurrect a heavy-handed ban that would kill 50,000 jobs and sound the death knell for a $5.5 billion industry.

“Despite Governor Abbott’s veto of [the hemp ban bill] and overwhelming opposition from Texans, Lt. Gov. Dan Patrick and Sen. Charles Perry are now pushing SB 5, a reckless repeat that would ban federally legal hemp products, kill small businesses and criminalize responsible consumers, all under the false premise of public safety,” the group said.

The Hemp Council said it’s thrown its support behind House Bill 4242,  a competing proposal in the lower chamber that would enact “common-sense” rules for the industry including 21-and-over age limits, barring sales near schools and requiring child-resistant packaging.

During Tuesday’s hearing, some senators accused the hemp industry of cynically mobilizing veterans to fight the ban, according to the Texas Tribune.

“It’s just slimy and dishonest,” Sen. Bob Hall, R-Edgewood, said.

However, vets who testified at the hearing said legal access to THC has allowed them to avoid the dangerous crutches of opioids and alcohol as they struggle with PTSD and pain, the Tribune reports. They accused members of the Senate of violating the wishes of voters, who have stated in multiple polls that they oppose a ban.

“This is turning Texas into a nanny state,” said Mitch Fuller, a representative for Texas VFW, according to the Trib. “This is about the alcohol lobby and the pharmaceutical lobby. You want to talk about poison. Pharmaceuticals are the poison.”

Subscribe to SA Current newsletters.

Follow us: Apple News | Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter | Or sign up for our RSS Feed

Related Stories

This article appears in Jul 10-23, 2025.

Sanford Nowlin is editor-in-chief of the San Antonio Current. He holds degrees from Trinity University and the University of Texas at San Antonio, and his work has been featured in Salon, Alternet, Creative...