Texas lawmakers concluded their second special session without enacting a statewide ban or significant new restrictions on most hemp-derived THC products, offering a temporary but crucial reprieve to the state’s burgeoning multi-billion dollar industry. The legislative impasse means that a wide array of products, including gummies, drinks, and flower buds containing various cannabinoids, will remain legal for sale, though the debate over their regulation is far from settled.
Legislative Gridlock Halts Broad THC Ban Efforts
The recent legislative sessions were heavily dominated by the contentious issue of regulating or banning consumable hemp-derived THC products. Lieutenant Governor Dan Patrick was a staunch advocate for a total ban, arguing these products pose significant risks to public health and are often marketed irresponsibly, even targeting minors. His efforts, primarily championed through Senate Bill 6 (SB 6), which sought to prohibit consumable hemp products with any “detectable amount of any cannabinoid,” gained traction in the Senate. However, these proposals ultimately stalled in the Texas House, where a lack of consensus between those favoring prohibition and those seeking regulation prevented any broad legislative action from advancing.
Governor Greg Abbott had previously vetoed a complete ban (Senate Bill 3) during the regular legislative session in June. He cited concerns about potential legal challenges and conflicts with federal law, advocating instead for a regulatory framework that would protect consumers without eliminating access to legal products. Despite Abbott calling for two special sessions to address the issue, a compromise could not be reached between the governor, lieutenant governor, and House leadership, leading to the adjournment without new statewide restrictions on most THC products.
Vape Ban Takes Effect, Age Restrictions Remain Unaddressed
While a comprehensive ban on all hemp-derived THC products did not materialize, a more targeted law did go into effect on September 1st. Senate Bill 2024 now prohibits the sale and marketing of THC vape pens, regardless of whether the cannabinoids are hemp-derived. This ban carries penalties of up to a year in jail and a $4,000 fine for violations, though possession itself is not criminalized under this specific law.
A significant outcome of the legislative stalemate is the absence of a statewide age restriction for purchasing most hemp-derived THC products. While the Texas Department of State Health Services currently has no minimum age requirement by statute, many retailers voluntarily enforce an age limit of 21 and older, particularly for intoxicating products. Proposed legislation aimed at establishing a universal age limit for these products also failed to pass during the special sessions.
Economic Impact and Industry Response
The Texas hemp industry represents a significant economic force, estimated to generate approximately $5.5 billion in annual sales and contributing substantially to state tax revenues. It also supports tens of thousands of jobs across the state. Representatives from the industry, such as the Texas Hemp Business Council, have consistently voiced their preference for sensible regulations over outright prohibition. They argue that bans risk pushing products into unregulated, illicit markets while stifling innovation and damaging legitimate businesses. The uncertainty surrounding potential bans has created a challenging environment for brands looking to launch new cannabis products or expand their innovations.
The Road Ahead: An Ongoing Regulatory Battle
Despite the immediate relief, the future of hemp-derived THC product regulation in Texas remains uncertain. Lieutenant Governor Dan Patrick has publicly stated his position remains unchanged, and he intends to continue advocating for a total THC ban. Governor Abbott has also hinted that the issue is not definitively settled, suggesting that further action could be taken, possibly even through another special session, despite the legislative session not reconvening until 2027. The ongoing discussions and legislative maneuvers signal a broader, evolving conversation about cannabis policy in Texas, with advocates viewing the current situation as a sign of growing momentum, albeit a hard-fought one, for a more nuanced approach to cannabis and its derivatives.
