Just weeks after Gov. Greg Abbott vetoed a controversial ban on THC products, the Texas Senate has once again pushed similar legislation.
Senate Bill 5 (SB5), from Sen. Charles Perry (R-Lubbock), passed 21-8 in July. SB5 would effectively criminalize any “hemp-derived product” containing more than 3 milligrams of THC, as well as outlaw THCA flower and synthetic cannabinoids such as delta-8 and delta-10.
The bill is a near clone of SB3, which Abbott rejected in June despite support from Lt. Gov. Dan Patrick.
The renewed push to ban THC in Texas comes during a special legislative session called by Abbott, who publicly claimed to support “regulation” over outright prohibition on cannabis, as previously reported by The Dallas Express.
While Abbott’s June veto statement cited concerns over constitutional challenges that could tie up SB 3 in litigation or “red tape” for years, Abbott was careful not to oppose the substance of the ban itself.
During the current special session, the governor signaled support for laws that would outlaw products containing any amount of THC.
This restriction would effectively wipe out most of the hemp market as it currently exists in Texas.
If passed, SB 5 would gut an estimated $5.5 billion industry in Texas and threaten over 50,000 jobs, as previously covered by DX, many in small businesses that pivoted to hemp after the 2018 federal Farm Bill legalized low-THC cannabis.
It would also outlaw a wide array of wellness products that consumers across the state have come to rely on, including veterans, chronic pain sufferers, and those managing anxiety or PTSD.
Advocates and entrepreneurs, who celebrated Abbott’s veto just weeks ago, now find themselves back on the defensive.
SB 5 now heads to the Texas House, which is currently paralyzed due to a Democrat walkout over redistricting. Once business resumes, the House will be faced with two competing bills:
- House Bill 5, a mirror of the Senate’s THC ban
- House Bill 195 (HB195), which proposes full legalization of adult-use marijuana, allowing possession of up to 2.5 ounces.
While HB 195 is unlikely to gain serious traction based on Texas’s political past, it highlights the growing divide over how state leaders should approach cannabis: with one side pushing for freedom and regulation, and the other for criminalization and restriction.
However, the Texas Department of Public Safety does plan to grant 12 new medical marijuana dispensary licenses statewide, increasing from the current total of three. These new licenses will be awarded through a competitive process that focuses on prioritizing public health regions to improve access across Texas for patients registered under the compassionate use medical marijuana program.
Nine of 139 applicants from the 2023 application window will receive licenses on December 1, with the remaining hopefuls and new applicants competing again in a second round, set for April 1, 2026.
Yet, as of the time of publication, Texas’ Compassionate Use Program is limited to patients with:
- Epilepsy
- Seizure disorders
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis
- Autism
- Terminal cancer
- An incurable neurodegenerative disease