(Texas Scorecard) – The Texas Senate has passed legislation to ban the sale of THC products, reviving a fight over intoxicating marijuana products that sparked a rare public rift between Lt. Gov. Dan Patrick and Gov. Greg Abbott.
Senate Bill 5, authored by State Sen. Charles Perry (R–Lubbock), passed the Senate on a 20-9 vote. It would prohibit the manufacture, sale, and possession of consumable hemp products that contain any form of THC while still allowing products that contain only CBD or CBG.
“Regulation is decriminalization. Whether you admit it or not, the practicality of enforcement effectively does decriminalize,” Perry said on the Senate floor.
Perry portrayed the bill as necessary to eliminate products that were never intended to be legal under the 2019 law that permitted hemp cultivation in Texas. He reiterated that the measure targets consumable products and does not affect non-consumable hemp goods like textiles or construction materials.
“CBD and CBG will still be legal … All of that will remain legal,” said Perry. “The bill does not regulate non-consumable hemp products.”
He dismissed concerns about widespread economic disruption, noting that only a small portion of Texas farmland has been used to grow hemp and that many stores selling these products already had existing business models before the 2019 law.
“Those shops sell other products. They will still be in operation … The ones that shut down will be those 100% dependent on an illegal product,” said Perry.
The bill would also establish new licensing requirements—$10,000 annually for manufacturers and $20,000 for retailers—and would require all products to be registered with the state and labeled with QR codes. Products would be banned within 1,000 feet of schools, and a minimum purchase age of 21 would be set for any legal products that remain.
Lt. Gov. Dan Patrick, who presides over the Senate, has embraced the legislation.
After Abbott vetoed a similar ban last month—citing concerns over regulatory overreach—Patrick accused the governor of wanting to legalize recreational marijuana.
Since then, however, Abbott has taken a harder line—saying in a recent interview with Community Impact that he wants to ban intoxicating hemp products altogether.
“The only hemp product that’s going to be out there is nonintoxicating hemp, which is below three milligrams of THC,” Abbott said.
Meanwhile, State Rep. Gary VanDeaver (R–New Boston) has filed an identical companion bill in the House as House Bill 5, which he said would serve as a starting point for negotiations.
The legislation comes after months of controversy over how to regulate the market of hemp-derived cannabinoids. Many of these products are sold openly in smoke shops, gas stations, and CBD stores across Texas—despite being chemically similar to marijuana and, in some cases, even more potent.
Supporters of the bill argue that Texas has unintentionally created a backdoor recreational market. Opponents, including some veterans and business owners, argue that the products provide relief from pain and anxiety and that banning them would devastate small businesses.
The House has yet to take up its version of the bill.