Texas Lawmakers Target THC Products with 2025 Legislation

Recreational marijuana is illegal in the state of Texas. Depending on who you ask, medical marijuana is barely legal in the Lone Star State, with only three medical marijuana dispensaries serving the entire state. Thanks to the 2018 Farm Bill, which legalized the cultivation of hemp in the United States, Texas has seen a booming pseudo-cannabis industry take root. That may all be about to change due to the efforts of conservative Texas lawmakers looking to use the 2025 legislation session to ban the sale of any products containing any amount of THC.

Lt. Governor Dan Patrick (R) is leading the charge and hoping when the legislative session begins in January that, he will have enough support to rid the state of THC-containing products and potentially crush an entire industry in the process.

If Cannabis Is Illegal, Why Can Texas Businesses Sell Products with THC?

The 2018 Farm Bill included a small provision allowing for the legal cultivation of hemp in the United States. With this one small provision, an entire hemp-driven cannabis industry was born, particularly in states like Texas with strict marijuana prohibitions. In 2019, the Texas Legislation passed House Bill 1325, a measure allowing the sale of consumable hemp products if the products contain no more than .3 percent Delta-9 THC. Suddenly, shops sprung up like weeds, selling a variety of hemp-derived products like vapes, gummies, edibles, and tinctures.

How is this possible when marijuana remains illegal in several U.S. jurisdictions? Hemp and marijuana are the same plant. The most significant difference between hemp and other cannabis plants is that hemp plants contain far less THC, the primary psychoactive compound in cannabis, than other plants. Hemp flowers tend to produce less than .3 percent THC by dry weight. Depending on the strain, marijuana flower produces significantly more THC, anywhere between 10 to 30 percent by dry weight.

While hemp flower may not be as potent as marijuana flower, in states like Texas with strict drug laws, hemp-derived products have become extremely popular. There are hemp retailers on nearly every corner, both in big cities and smaller communities. However, they may be about to change if Lt. Gov. Dan Patrick and other conservative lawmakers get their way this legislative session.

The Battle Over Hemp Begins

While state democrats have been busy drafting bills that seek to legalize or decriminalize marijuana in Texas, conservative lawmakers are busy drafting bills that would halt the legal sale of hemp-derived products that contain any amount of THC. Senate Bill 3 seeks to ban all consumable THC products sold in Texas. The legislation is sponsored by Sen. Charles Perry, R-Lubbock, and championed by Lt. Gov. Patrick. Patrick presides over the Senate and generally controls the legislation moving through the chamber. His intense interest in banning hemp-derived products in Texas could make Senate Bill 3 a significant priority.

While House Bill 1325 was initially intended to boost Texas agriculture, just like the federal Farm Bill, it did that and much more. The measure had unintended and unforeseen “consequences.” Namely, it allowed for the explosion of hemp-based consumable products in Texas, a cannabis desert, due to the state’s strict drug laws and propensity to vote down adult-use cannabis legislation. After the 2019 measure passed, retail sales of hemp products exploded. Today, some estimates suggest thousands of hemp dispensaries across the state.

“Life-threatening… Unregulated”

Lawmakers critical of hemp claim that targeting the market is necessary because retailers may be selling a “life-threatening, unregulated form of THC to the public,” according to a statement from Lt. Gov. Patrick’s office. They suggest that hazardous THC products are flooding the market, products which they claim may have “three to four times the THC content which might be found in marijuana purchased from a drug dealer.”

Conservative lawmakers also point to the dangers of the state’s unregulated hemp market, saying that there is a lack of testing requirements, age restrictions, and regulations, which may pose health and safety risks to the public. Instead of working to enact safety regulations and hemp standards, the solution seems to be an outright ban on all hemp-derived THC products.

The Hemp Industry Responds

The Texas hemp industry claims that banning delta-8 and delta-9 products would crush the hemp industry and the state’s economy. Many in the retail hemp space suggest that banning hemp-derived products doesn’t help. It only hurts Texas consumers because people will return to seeking products from illegal and dangerous sources instead of reputable businesses. Many in the industry say they support age restrictions and regulations, but a complete hemp ban is a bridge too far.

In an interview, the president of the Texas Hemp Business Council indicated that over 50,000 people are employed by the Texas hemp industry. A ban would cost people their jobs, homes, and stability. The ag industry’s and hemp retailers’ futures now hinge on what lawmakers decide when the 2025 legislative session begins on January 14th. Lt. Gov. Patrick claims that Senate Bill 3 already has broad bipartisan support. Even if that is wishful thinking, it may not matter. Republicans control the Texas House and Senate, and many conservative lawmakers have expressed interest in keeping cannabis and cannabis products out of the Lone Star State and out of the hands of the public.

While in the minority, there are also a handful of bills drafted by Texas democrats that seek to expand the state’s medical marijuana program, decriminalize marijuana, and legalize adult-use cannabis. In addition to banning hemp, republicans in the House are also aiming to create a criminal offense for cultivating hemp in Texas without a license.

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