Texans Want Oversight, Not Arrests — Senate Chooses to Ban Hemp Products Instead

23 July, 2025

The Texas Legislature has entered the next phase of a long-simmering debate over hemp-derived THC. As the second special session of 2025 progresses, a new bill (Senate Bill 5) aims to ban virtually all hemp products that contain any form of THC, even those legal under federal law. Backed by Lt. Governor Dan Patrick and Senator Charles Perry, the bill has passed its first committee hurdle. Yet, the future of cannabis policy in Texas remains highly uncertain—and for tens of thousands of businesses and consumers, the stakes could not be higher.

What’s in SB 5 — and Why It Matters

SB 5, filed by Sen. Perry on the opening day of the special session, would outlaw all consumable hemp products that contain any cannabinoid other than CBD or CBG—effectively banning Delta-8 and Delta-9 THC-infused edibles, tinctures, vapes, and other widely used hemp derivatives. The bill criminalizes possession, distribution, and manufacturing of these products, creates new felony and misdemeanor offenses, and imposes substantial licensing and product registration fees.

It’s a sweeping overhaul of the state’s 2019 hemp law (HB 1325), which aligned with the federal 2018 Farm Bill and created a booming Texas hemp market now estimated at more than $8 billion annually.

The new legislation doesn’t only ban intoxicating cannabinoids; it rewrites the rules for the entire industry. Retailers would need to pay $20,000 per location annually to sell CBD or CBG products. Manufacturers face a $10,000 fee per facility, and every product would require state registration and a QR-code-enabled compliance system.

If passed, SB 5 could become law as early as this fall, fundamentally transforming the legal status of hemp products in Texas.

Two Republicans, One Cannabis Divide

The push for a ban has revealed a widening rift between Governor Greg Abbott and Lt. Governor Dan Patrick—two of the state’s most powerful Republicans. Patrick has framed any legal access to hemp-derived THC as "de facto marijuana legalization" and pledged to support only a total ban.

Governor Abbott, by contrast, has argued for a strict regulatory framework rather than prohibition. In his veto of a similar bill last month (SB 3), he pointed to potential constitutional conflicts with federal law and ongoing litigation in other states. More recently, he outlined a system akin to alcohol regulation: age restrictions, potency limits, product testing, and licensing.

Though Patrick controls the Senate, the House has shown greater openness to Abbott’s approach—setting up a likely legislative clash as the bill moves forward.

TX Hemp Industry: Facing Extinction or Regulation?

For Texas’ 53,000 hemp industry workers — from small-town growers to urban retailers — the implications of SB 5 are existential.

“If you get high from the product, it is illegal,” Sen. Perry told lawmakers. But critics warn that this definition would outlaw nearly all products currently on the market, including non-intoxicating ones that contain trace THC levels, as permitted by federal law.

Eddie Velez, a cannabis grower and retailer based in Oak Cliff, testified at the Senate hearing that the solution isn’t prohibition but oversight. “Texans don’t want a ban,” he said. “We want fair policies.”

Industry representatives point out that SB 5’s enforcement mechanisms, including criminal penalties for possessing unregistered hemp, create a new class of nonviolent drug offenders. Some Class C misdemeanors carry no jail time but can still result in arrest, prosecution, and a permanent record. Repeat offenses and possession of unregistered products can lead to six months in jail and suspended driver’s licenses.

Advocates warn this would disproportionately affect communities of color, veterans, and rural patients who rely on accessible cannabis alternatives for pain, anxiety, and PTSD.

What Texans Are Saying: Polls and Testimony

On July 22, 2025, the Texas Senate State Affairs Committee held a seven-hour hearing on SB 5, where dozens of Texans testified—including veterans, farmers, medical patients, law enforcement, and small business owners. Their remarks brought powerful personal context to the policy debate.

You can watch the full archived video of the hearing on the Texas Senate Audio/Video Archive.

These testimonies echoed what public polling has already shown: Texans across political, geographic, and generational lines want a balanced, regulated approach—not sweeping bans that could upend lives and livelihoods.

Additionally, a public poll conducted by TexasCannabis.org during the hearing showed overwhelming opposition to SB 5. Over 65% of respondents said they use hemp-derived THC products like Delta-8, while another 30% support access even if they don’t use them. Just 3.8% supported a ban. In total, 96.2% opposed SB 5.

Many took the time to explain why. Among the comments submitted, several key themes emerged:

• MEDICAL NECESSITY: Dozens of respondents, including military veterans, described using hemp-derived THC to manage chronic pain, PTSD, anxiety, and neurological disorders. One disabled Marine veteran wrote that these products are “critical to my mental and physical health.”
• FEAR OF RETURNING TO OPIOIDS: Numerous Texans said that banning THC products would push them—or members of their community—back toward addictive and dangerous opioid medications. A respondent from Denison wrote, “We need regulation and education, not bans.”
• ECONOMIC AND RURAL IMPACT: Some worried about the fallout for rural Texas. “Hemp farmers will go out of business,” one respondent wrote. Others warned that a ban would eliminate thousands of small business jobs and destabilize an industry that has been one of the few economic bright spots in some areas.
• RIGHTS OF PERSONAL CHOICE: Several respondents framed the issue in terms of autonomy and fairness. “We know what we need,” one said. “We have the right to use it or not.”
• POLICY FRUSTRATION: Many expressed disillusionment with what they see as political decisions disconnected from public interest. “The government needs to do what is best for the people, not what’s best for their pockets,” one respondent said.

Some were blunt: “If this passes, I’ll start buying on the street. Cheaper too.” Others said they’d consider leaving the state altogether.

The emotional weight of these comments underscores a core truth of the debate: for many Texans, especially veterans, patients, and rural residents, hemp-derived THC isn’t just a commodity—it’s a lifeline.

Despite seven hours of testimony against SB 5, the Senate State Affairs Committee advanced the bill unanimously.

What's Next for Hemp in Texas: Eyes on the House

With the Senate expected to vote on SB 5 as early as July 24, attention now shifts to the Texas House. During the regular session, the House initially supported a regulatory model more aligned with the Governor’s approach, though amendments brought it closer to the Senate’s ban before the veto.

House leaders have not yet filed a new version of the bill in the current special session, and some members have expressed unease with the severity of SB 5’s penalties and potential conflicts with federal law. Advocacy groups hope the House will demand compromise, perhaps embracing regulation over criminalization.

Governor Abbott, for his part, reiterated on Tuesday that his preference remains a “strict, fair, and legally sustainable” system that protects public health without banning federally legal products.

Who Is Affected in Texas — and What to Watch For

• For hemp business owners: If SB 5 becomes law, most existing products will be illegal. Retailers will need to navigate high licensing and registration costs, face restricted marketing and packaging rules, and could lose their business if compliance is unfeasible.
• For consumers and patients: Those who rely on THC for medical conditions like chronic pain, PTSD, or anxiety could lose access overnight. Legal alternatives (through Texas Low THC Medical Cannabis Program) may not offer equivalent relief, which may turn some current THC users to opioids or illegal markets, with all the associated risks.
• For law enforcement and municipalities: The bill imposes sweeping new mandates on police and regulators. Opponents argue that enforcement will be expensive, inconsistent, and invite costly legal challenges under the federal Farm Bill.
• For voters: With Abbott and Patrick both facing re-election in 2026, cannabis policy is poised to become a key campaign issue. The rift between the Governor and the Lt. Governor offers voters a rare opportunity to influence how cannabis is treated in the state—whether as a public health challenge or an economic opportunity.

The Bottom Line: A Legal Gray Area Grows Darker

Texas hemp laws remain in flux. Until the Legislature settles on a framework, the legal status of many THC-infused products hangs in the balance. The coming days will determine whether the state pivots toward tightly managed regulation—or doubles down on prohibition.

Texans from all walks of life—veterans, rural residents, patients, entrepreneurs—have a stake in this debate. Whether you will be heard in time is a question only the House can answer.

Make Your Voice Heard in Austin

As SB 5 moves through the Texas Senate and heads toward the House, now is the moment for every Texan to weigh in. Here’s how you can help shape the future of hemp-derived THC regulation:

1. Find Your State Legislators: Use the Texas Legislature Online (“Who Represents Me?” tool) to identify your state senator and House representative by entering your address.

2. Contact Your State Legislators Directly: Email and call your legislators—addresses follow the format: first.last@house.texas.gov or first.last@senate.texas.gov

3. Share Your Story Concisely: Begin with your name, occupation, and district. Explain if you’re a hemp business owner, patient, veteran, or rural Texan. Let them know how access to hemp-derived THC affects your health, livelihood, or community. Keep it short and easy to understand and quote.

4. Spread the Word: Talk to friends, family, and fellow Texans. Encourage them—especially those with lived experience of THC, to contact their lawmakers before votes in the House and Senate.

Further updates will be provided as more information becomes available from the Texas House and Governor’s office.