HOLLYWEED ITS A MOVEMENT

Texas Hemp Ban Fizzles: Lawmakers Fail to Reach Deal, Leaving THC Products Legal

Tarik Freitekh

Texas’s months-long battle over hemp-derived THC ended in stalemate this week, as lawmakers failed to agree on a ban or new restrictions before gaveling out of their second special session.

Senate Bill 6 would have outlawed nearly all consumable hemp products containing “any detectable amount” of THC, sparing only CBD and CBG. The proposal cleared the Senate twice this summer but stalled in the House, where members couldn’t find consensus despite last-minute negotiations between top Republicans.

Lt. Gov. Dan Patrick (R) reiterated his push for a total ban, insisting regulation was impossible given Texas’s sprawling hemp retail market. But Gov. Greg Abbott (R) opposed outright prohibition, warning it could conflict with federal law and instead calling for targeted regulation such as potency caps, age restrictions, and bans on synthetic cannabinoids. Speaker Dustin Burrows (R) also failed to rally enough support to move the bill.

For now, consumable hemp products like delta-8 THC gummies, smokable flower, and infused beverages remain legal in Texas, with no age limit on purchases. However, a separate law banning the sale (though not possession) of THC vape pens took effect Monday.

The proposed ban triggered strong pushback from the hemp industry. Cynthia Cabrera of the Texas Hemp Business Council called the effort “wildly unpopular,” arguing lawmakers ignored both consumers and businesses. Farmers like Kyle Bingham expressed frustration at the uncertainty, with many pivoting away from hemp cultivation.

Policy experts warned that prohibition could backfire. “If you ban them, they become truly unregulated because they go to the illicit market,” said Rice University’s Katherine Neill Harris. “And we know there are no regulations for illicit drugs.”

While some in the industry say they’d support guardrails like age limits and marketing restrictions, a total ban is off the table for now. Whether Abbott calls another special session remains unclear, but the issue is almost certain to return as Texas struggles to balance consumer safety with a booming hemp economy.