2025 Texas Legislative Session: Cannabis Policy Battles Over THC and Legalization

20 January 2025

The 2025 Texas legislative session is set to be a battleground over cannabis policy, with conservative leaders pushing for a total ban on consumable THC products to close regulatory loopholes, while reform advocates push for the legalization of recreational marijuana. The debate highlights a booming unregulated market, the challenges facing the state’s restrictive medical marijuana program, and growing public support for reform, all of which will shape the future of cannabis in Texas.

Key Bills and Laws on Cannabis Policy in the 2025 Texas Legislative Session

SENATE BILL 3: Proposed Ban on All Consumable THC Products

Sponsor: Lieutenant Governor Dan Patrick, supported by Senator Charles Perry.

Key Provisions:

• Bans the sale of all consumable THC products, including Δdelta-8 and Δdelta-9 THC.
• Seeks to close loopholes from the 2019 hemp legalization law that allowed unregulated products with high THC levels to enter the market.
• Targets businesses selling products that exceed the legal THC limit of 0.3% and allegedly appeal to children.

Who It Affects:

• Businesses: Retailers selling THC products could face closures if the ban is enacted, particularly the 7,000+ licensed hemp stores operating in the state.
• Consumers: Recreational users and those relying on THC products for pain or anxiety relief would lose access to these products.
• Children and Health Advocates: Supporters argue the ban would protect public health by eliminating unregulated and potentially dangerous THC products, especially those marketed toward youth.

Why It Matters:

• This bill represents a significant escalation of Texas’ historically conservative approach to cannabis policy, potentially aligning the state with stricter federal drug classifications.
• If passed, the ban would reshape the cannabis landscape, eliminating a multi-billion-dollar industry and sparking debates about regulation versus prohibition.

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HOUSE BILL 1208: Legalization of Recreational Marijuana

Sponsor: Representative Jessica González.

Key Provisions:

• Legalizes recreational cannabis use for adults aged 21 and over.
• Allows adults to: possess up to 2.5 ounces of cannabis and store up to 10 ounces at home in a secure, child-resistant container.
• Requires clear labeling and child-resistant packaging to prevent accidental consumption.
• Imposes a 10% tax on cannabis sales, with the potential to generate significant revenue for Texas.

Who It Affects:

• Consumers: Would grant adults legal access to cannabis, aligning Texas with other states that have legalized recreational marijuana.
• State Budget: Cannabis tax revenue could fund public services such as education or infrastructure.
• Municipalities: Reflects growing voter support for decriminalization in cities like Austin, Houston, and San Antonio.
• Conservative Leaders: Faces significant opposition from leaders like Dan Patrick, who argue legalization would exacerbate public health concerns.

Why It Matters:

• Legalization could dismantle the unregulated market by creating a controlled and taxed industry.
• The bill reflects changing public opinion in Texas, where decriminalization measures have seen strong local support.
• If passed, it would mark a dramatic shift in Texas’ approach to cannabis, balancing economic potential with public health safeguards.

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TEXAS COMPASSIONATE USE PROGRAM Expansion (Proposed Revisions)

Current Law: Allows access to low-THC cannabis for patients with specific conditions like epilepsy, PTSD, and multiple sclerosis.

Proposed Revisions:

• Expand the list of qualifying medical conditions to include chronic pain and other ailments.
• Increase the allowable THC concentration in medical cannabis products.
• Streamline regulations to make products more affordable and accessible for patients.

Who It Affects:

• Patients: Those suffering from chronic illnesses who currently have limited access to high-cost, low-THC medical cannabis.
• Healthcare Providers: Expansion would provide more options for treating patients with debilitating conditions.
• Cannabis Industry: A broader medical program could boost demand for licensed medical products, benefiting regulated producers.

Why It Matters:

• Advocates argue that the restrictive nature of the current program has driven patients to the unregulated market, where products may be unsafe or of inconsistent quality.
• Expanding the program would align Texas with other states offering more comprehensive medical cannabis programs, ensuring better care for patients.

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REVISISTING THE 2019 HEMP LEGALIZATION LAW (Farm Bill)

Background:

• The 2019 law legalized hemp production but inadvertently created loopholes allowing low-THC products (e.g., Δdelta-8 and Δdelta-9 THC) to flourish in the market.

Proposed Revisions:

• Tighten definitions and regulations to ensure that only non-intoxicating hemp products are legally sold.
• Increase enforcement and testing to prevent products that exceed the legal THC threshold of 0.3%.

Who It Affects:

• Retailers and Producers: Over 7,000 Texas businesses currently rely on this law to sell low-THC products and could face shutdowns or higher compliance costs.
• Consumers: Could lose access to popular products, such as Δdelta-8 THC edibles and beverages.
• Regulators: Would gain more tools to monitor and enforce THC limits, reducing public safety risks.

Why It Matters:

• The loopholes in the hemp law are at the heart of the unregulated market debate.
• Revisiting and clarifying this law is critical to addressing public health concerns while maintaining a legal hemp industry.