A sign shows where delta-8 products are sold.
Sales of delta-8 hemp products have proliferated statewide since Texas legalized the sale of consumable hemp in 2019. Credit: Shutterstock / Carmen K. Sisson

Thanks to an impasse between Gov. Greg Abbott and Lt. Gov. Dan Patrick, the Texas Legislature ended its latest special session without a bill to either ban or impose major regulations on the state’s rapidly growing hemp industry. 

Patrick fought for an outright ban on hemp products containing THC, the compound in cannabis that gets people high, while Abbott, a fellow Republican, wanted the state to regulate THC much like it does alcohol. Indeed, the governor even vetoed a Patrick-championed THC ban lawmakers passed during the summer. 

The Texas House ended the special session Wednesday night without approving Senate Bill 6, which would have barred the sale of hemp products containing any amount of psychoactive cannabinoid material. Although passed by Patrick’s Senate, the proposal lingered in the the House for roughly two weeks without a hearing that would let it move forward.

The Lege’s failure pass either a new framework for the state’s $5.5 billion hemp industry or an outright ban means sales of THC-containing products such as delta-8 remain legal and largely without regulation — even including an age limit for purchases. However, the Lege did pass a separate law this summer outlawing the sale of THC vapes, which went into effect Monday.

“The hemp ban bust represents a major win for Texas businesses, farmers and consumers. Rather than embrace the hemp industry’s comprehensive regulatory package, Dan Patrick continued his out-of-touch crusade to ban all hemp — ignoring 80% of Texas voters,” Brian Swensen, executive director of the Hemp Industry & Farmers of America (HIFA), said in an emailed statement.

In a Wednesday night tweet, Patrick acknowledged the hemp ban was dead for the session, adding that he, Abbott and House Speaker Dustin Burrows were unable to find common ground. The lieutenant governor threw in the towel after GOP lawmakers spent hours trying to hammer out compromise legislation, according to the Texas Tribune, citing multiple legislators and staffers familiar with the talks. 

At press time, it’s unclear whether Abbott plans to call another special session. 

Hemp industry officials lobbied in favor of what they referred to as “commonsense” guidelines for THC sales, including a 21-and-up age limit, potency labeling, testing for toxins and barring sales near schools. However, HIFA’s Swensen said Patrick’s refusal to compromise ultimately cratered the state’s hope of adopting near-term regulations.  

“The hemp industry remains committed to practical policies that support Texas businesses and economic prosperity — something the Legislature should remember,” he said.

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This article appears in Sep 3-17, 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...