Texas state Sen. Charles Perry, R-Lubbock, has filed the bill to ban consumable hemp products previously touted by Lt. Gov. Dan Patrick. As advertised, it aims to dismantle the state’s consumable hemp program by criminalizing products currently legal in Texas.
As of February 2025, Texas law defines hemp as any product with no more than 0.3% delta-9 THC on a dry-weight basis. Such products that fall under this threshold and have proper labeling are currently legal in the state. Texas does not have a minimum age requirement to buy such products. Texas Senate Bill 3, however, looks to alter Texas’ hemp industry drastically.
Cannabis advocates in Texas already have started sounding the alarm in light of Senate Bill 3 being filed.
“We share Senator Perry’s concern about regulatory oversight and youth access,” Heather Fazio, director of the Texas Cannabis Policy Center, said in a release. “However, an outright ban on THC will only fuel the illicit market, making it impossible to enforce regulations and ensure product safety for Texas consumers.”
The newly filed bill limits the types of cannabinoids allowed in consumable hemp products, stating hemp products cannot have any amount of a cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG). If passed, the bill would criminalize the manufacturing, delivery and possession of delta-8 and delta-9 edibles, currently legal products, making it a felony offense. Additionally, it would make possessing a consumable hemp product with any amount of THC a misdemeanor offense.
Other criminal offenses relating to hemp outlined in Texas Senate Bill 3 include:
Marketing hemp products in a way that is attractive to minors (misdemeanor).Manufacturing, distributing or selling hemp products for smoking, like THCa or delta-8 flower (misdemeanor).Selling consumable hemp products to individuals under the age of 21 (misdemeanor).Delivering hemp products via courier, delivery or mail service (misdemeanor).Selling hemp products near schools (misdemeanor).
The bill also sets new packaging, labeling and testing requirements for cannabis businesses. Those who do not could face fines, the revocation of their business license and criminal charges.
Below are some of the changes listed in Senate Bill 3 that affect cannabis businesses:
More stringent testing requirements for hemp plants and consumable hemp products, like testing for certain cannabinoids.Mandated labeling requirements like detailed batch information, cannabinoid content and certification.Products must be sold in child-resistant and tamper-evident packaging.
As previously explained by Patrick, the changes listed in Senate Bill 3 do not apply to the state’s low-THC medical marijuana program.
Authored by Perry, Texas Senate Bill 3 was filed Feb. 20. Perry has been vocal about his opposition to the state’s consumable hemp program that’s regulated by the Texas Department of State Health Services.
In a May 2024 hearing with the Texas Senate Committee on State Affairs, Perry argued the hemp industry in Texas is full of “cute chemists” and “bad actors” who intend to harm children. In the same hearing, hemp industry advocates and cannabis business owners countered Perry’s claims.
The founder of Restart CBD + THC and native Austinite Shayda Torabi told the committee her shop only sells to adults ages 21 and older, though state law does not set a minimum age requirement to purchase consumable hemp products.
While she acknowledged, “Yes, there are bad actors,” Torabi stressed, “Banning (hemp products) isn’t the way to deal with it.”
“We are open to compromise as an industry to reflect a better landscape,” Torabi said. “We are openly asking to work with the state.”
If passed by the Texas Senate and House, Senate Bill 3 would take effect Sept. 1, 2025, and the rules would need to be adopted by Dec. 1, 2025.
As Texas lawmakers consider a bill to dismantle the state’s consumable hemp program, advocates are pushing back on THC bans. Read More
