The Texas Senate has passed Senate Bill 3 (SB 3), a measure that would outlaw the sale of all hemp-based products containing any form of THC. This controversial move has ignited debate across the state, with strong reactions from lawmakers, business owners, and consumers concerned about the future of Texas’s fast-growing hemp industry.
Leading the push is Lieutenant Governor Dan Patrick, who has voiced grave concern about the spread of THC-infused products. He characterized them as a threat to public health, calling the issue “life and death.” Patrick’s support adds weight to the bill, signaling a serious attempt to crack down on intoxicating substances derived from hemp.
Senator Charles Perry, who authored SB 3, pointed to unforeseen consequences of the 2019 law that legalized hemp production. That legislation inadvertently opened the door for the retail sale of THC derivatives like Delta-8 and Delta-9, which Perry and others argue are more potent than what the law originally intended. “This isn’t your grandfather’s marijuana,” he said, referencing the stronger concentration of today’s products.
If signed into law, SB 3 would prohibit the sale of any consumable hemp item containing THC, including popular edibles and beverages. However, non-psychoactive cannabinoids such as CBD and CBG would remain legal as long as they meet strict guidelines. These include clear labeling, tamper-evident packaging, and an age restriction barring sales to anyone under 21.
The legislation has stirred concern among many in the hemp business community. Industry leaders fear that the bill could decimate a market valued at over $8 billion and jeopardize thousands of jobs. John Burk, owner of Shell Shock CBD in Richardson, argued that the legislation unfairly targets both entrepreneurs and veterans who use these products for relief. “Texans don’t want this,” Burk said, likening recreational hemp use to enjoying a cocktail at home.
On the other side of the debate, law enforcement and some public officials back the bill, citing safety concerns. Allen Police Chief Steve Dye reported cases where THC levels in some products reached up to 78%, far higher than traditional cannabis, raising fears about unregulated sales and youth access.
Meanwhile, a competing measure in the Texas House offers a more moderate approach. House Bill 28, introduced by Representative Ken King, proposes tighter oversight rather than a complete ban. This bill includes mandatory registration for producers and retailers, rigorous product testing, and penalties for misleading marketing. Supporters argue that this route could safeguard consumers while still allowing the industry to thrive.
Should SB 3 become law, it would mark a dramatic shift for hemp businesses that have flourished since the plant was legalized in 2019. Many shop owners worry they may be forced to shut down or severely scale back operations. Todd Harris, who co-owns The Happy Cactus Apothecary in Austin, stressed that his store already enforces responsible sales practices, including ID checks and transparent labeling. He expressed hope that lawmakers would recognize the benefits his customers receive from hemp-based therapies.
Polls suggest that a majority of Texans want to keep THC hemp products legal, revealing a potential disconnect between state leadership and public opinion. As SB 3 heads to the House for review, the final decision could reshape the legal and economic landscape for hemp in Texas—either through a strict ban or a regulatory solution that reflects the needs of both consumers and entrepreneurs.