Texas is on the verge of banning nearly all intoxicating hemp products after the Republican-controlled state Senate and House of Representatives passed a bill to outlaw the sale and possession of THC-infused hemp consumables, including edibles, oils and vapes.
The move threatens to devastate the state’s $4 billion hemp industry, which includes over 8,000 businesses and tens of thousands of workers — although industry leaders have vowed to mount legal challenges should Texas Gov. Greg Abbott sign it into law.
As of now, Abbott has not publicly endorsed or opposed the proposed ban, but the Texas Hemp Business Council have called for him not to sign it.
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“We urge Governor Abbott to reject CSSB 3 and protect the tens of thousands of hardworking Texans, including veterans like Dave Walden, who rely on hemp-derived cannabinoids for their wellness,” the council said following Wednesday’s vote.
The state House voted to ban almost all hemp products Wednesday in a 95-44 vote, a stunning reversal after it previously advanced legislation that sought to regulate the products rather than ban them.
The state Senate passed the bill, (SB 3), in March with a 24–7 vote.
The bill is a top priority for Lt. Gov. Dan Patrick, who has described the products a “major public health threat,” particularly to children.
“I’ve never been more passionate about anything,” Patrick said in a video posted to social media earlier this week. He threatened to call legislators back to the Capitol for a special session if they did not approve of the ban.
“If we leave Austin this session and we don’t ban these products for the next two to three years, we’re going to see lives destroyed,” Patrick said.
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He said the products are highly potent and can be easily accessed by minors.
Just one House Republican, Rep. Brian Harrison, voted against the proposal.
“I believe SB3 unnecessarily grows government, restricts the freedom of adults, and may have serious and harmful unintended consequences such as shuttering thousands of small businesses and pushing adults, who want or rely on hemp products, to more addictive and deadly pharmaceuticals or to the black market,” Harrison wrote on X.
“SB3 exceeds the proper role of government and may ban many products that President Trump legalized in 2018.”
Critics argue the bill is a political power play that will destroy small businesses and increase criminal penalties beyond those for marijuana.
Lukas Gilkey, the chief executive of Hometown Hero, a manufacturer of hemp-derived products, said he plans on filing a lawsuit.
“Immediately, we are going to be prepping for a lawsuit. Texas Hemp Business Council has resources allocated for this specific purpose,” Gilkey said in post on X.
The House made some changes to the Senate version, so the bill must return to the Senate for final approval unless the House accepts the Senate’s original version entirely. Only after that will it go to Gov. Abbott for signature or veto.
Under the Senate bill, the penalties for possessing banned hemp products would be more severe than for marijuana possession.
For instance, possession of non-compliant hemp products would be punishable by up to one year in jail. In comparison, marijuana possession of under 2 ounces is currently a Class B misdemeanor, punishable by up to 180 days in jail.
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