A new bill in the Texas Senate seeks to ban certain hemp products that contain THC and its alternatives throughout the state. This proposal is gaining increasing support from lawmakers.

Senate Bill 3 (SB3), introduced by Sen. Charles Perry (R-Lubbock), seeks to criminalize the possession and manufacturing of popular items like gummies, vapes, and other THC-based products sold in stores throughout Texas.

The bill proposes severe penalties for potential violators: Possessing THC products would now be a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Manufacturing these products would be a third-degree felony, which could lead to 2 to 10 years in prison and a fine of up to $10,000.

The new legislation, which could take effect in September 2025, would give retailers until January 2026 to comply with the law’s updated standards, per The Dallas Morning News. However, according to the bill’s wording, it would not impact products containing CBD, a popular Delta-9 THC alternative that remains legal.

SB3 represents a big shift in an industry that has expanded rapidly since the state legalized hemp farming in 2019. At that time, the law permitted products with trace amounts of THC, allowing for the booming growth of a retail market. These low-level THC products are sold at smoke shops, convenience stores, coffee shops, and even breweries across the state.

Texas Lt. Gov. Dan Patrick, a vocal proponent of the ban, has made eliminating non-medical THC products one of his office’s highest priorities, as previously reported by DX. He has argued that the explosion of THC products on unregulated shelves across Texas presents a public safety threat.

Regardless of the recent pushes to criminalize more THC products in Texas, the hemp market is valued by some reports at billions of dollars across the country, with other reports estimating sales at $8 billion in Texas alone, per DMN.

The recently proposed legislation aims to bring hemp-derived THC products back under the controlled substances list. Products that contain delta-8 THC, another popular alternative to delta-9 THC (the primary psychoactive compound in marijuana), would be regulated similarly.

However, the proposed ban under SB3 would not impact the state’s current medical marijuana program, which allows patients with specific qualifying conditions to access low-dose THC products.

Last year, Dallas voters approved Proposition R, decriminalizing possession of less than 4 ounces of marijuana. With about 67% approval, the measure amended the City charter, making such possession the “lowest priority” for local law enforcement. In response, Texas Attorney General Ken Paxton sued Dallas. Paxton’s office has consistently opened lawsuits against multiple cities in the state that have passed marijuana decriminalization laws, maintaining that they go against state law and undermine the authority of Texas law enforcement.