Just months after Dallas voted for relaxed THC enforcement through a citywide ballot, lawmakers in Austin are now caught up in a tug-of-war over the future of hemp across Texas: a fight that could render Dallas’ past votes meaningless.
At the center of the conflict is a set of competing bills that could drastically reshape the state’s estimated $8 billion hemp market, which includes the likes of THC gummies, vapes, and low-dose smokable flowers.
The Texas Senate, led by Lt. Gov. Dan Patrick, has thrown its weight behind Senate Bill 3, a sweeping crackdown that would criminalize nearly all hemp products, including those legally sold in thousands of smoke shops, convenience stores, and small retailers throughout Texas, as previously reported by The Dallas Express.
Patrick, who himself has made visits to THC retailers in an effort to expose any alleged illegal sales, has vowed to create what he calls “the toughest THC ban” in the nation down in Texas.
Under SB 3, possession of a single THC gummy could lead to a Class A misdemeanor, which may result in up to a year in jail and a $4,000 fine. Manufacturing or distributing such products could rise to a third-degree felony, carrying up to 10 years behind bars.
In the Texas House, a bipartisan group of lawmakers is fighting against the idea of a full THC ban.
This week, the House State Affairs Committee voted unanimously to advance a rewritten version of the legislation that would greatly scale back the Senate’s proposed “complete” ban.
Instead of an outright prohibition, the House’s version would limit THC sales to edibles and naturally grown, low-dose smokable hemp flowers, effectively outlawing vapes and synthetic THC products – but also preserving much of the retail hemp industry’s main revenue sources. The plan also includes “guardrails”: a ban on sales to anyone under 21, requirements for child-resistant packaging, and stricter limits on where the products can be sold across the state.
“A blanket ban on THC products in Texas would undercut responsible small businesses that are working hard to provide safe, tested hemp alternatives to both medical and adult-use consumers. These products give Texans real choices beyond the illicit market, where there’s no testing, no labeling, and no accountability,” Chris Karazin, CEO of Carolindica, told The Dallas Express.
Yet, for cities like Dallas, which voted last year to deprioritize enforcement of low-level THC possession, as previously covered by The Dallas Express, the ongoing legal fight in Austin may stir some frustration or confusion.
According to recent data, more than 8,500 businesses in Texas currently hold hemp licenses.
Thousands of patients and small business owners testified before state officials earlier this month, urging them not to destroy the legal market.
“The recent economic impact report concluded that Texas’ hemp-derived cannabinoid market generates roughly $5.5 billion in revenue, approximately $267 million in sales tax revenue, over 53,000 jobs, and over $2 billion in wages, the Texas hemp-derived cannabinoid market is thriving,” Director of Regulatory Compliance Dr. Malik Appleton with The Hi Collection told DX.
“…The state should bolster its existing regulations with age restrictions and packaging requirements. This allows the industry to continue providing jobs to Texans while ensuring consumer safety,” Dr. Appleton added.
Meanwhile, proponents of the ban, led by Patrick and State Sen. Charles Perry (R-Lubbock), claim the products are dangerous, poorly regulated, and too easily accessible to minors.
“These rogue retailers are selling THC products containing several times more THC content than marijuana purchased from a drug dealer off the street. These dangerous products must not be allowed to permeate our communities and endanger Texas children,” Patrick said via media release.
With both chambers advancing opposing versions of the bill, a legislative showdown seems inevitable before the session ends. If a compromise isn’t reached on cannabis, the entire industry could remain in limbo throughout the Lone Star State.