Senator Charles Perry Files Senate Bill 6

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Senate Bill 6 (which is very similar to SB 3 from the regular session) aims to criminalize the manufacturing, sale, possession and use of consumable hemp products that contain any amount of any cannabinoid other than CBD and CBG. The bill would ban "artificial or synthetic" cannabinoids, but does not define the terms. (HB 6 is a duplicate of SB 6.)

SB 6/HB 6 choose criminalization over regulation and hands a multibillion-dollar industry to the illicit market — where there are no product testing requirements, no labeling standards, and no business licenses. Texans will continue to access hemp-derived THC, but now they'll do so in the shadows, without consumer protections or recourse.  See a full overview of the bill here.

The only way to protect public health and safety is through smart regulation — not prohibition. We regulate alcohol, a far more dangerous substance. We can do the same with hemp-derived THC.

Polling consistently shows that a majority of Texans support cannabis legalization. According to a 2025 University of Houston Hobby School of Public Affairs poll, 79% of Texans support legalizing medical marijuana, 69% support decriminalizing marijuana possession, and 62% support legalizing recreational marijuana. These findings indicate that Texans favor a regulated approach to cannabis policy, rather than a return to prohibition.

SB 6/ HB 6 defy the will of the people and Gov. Abbott's stated mission to regulate hemp products during the special session. 

Just minutes after beginning the second special session, the Senate State Affairs Committee held a hearing on Sen. Charles Perry’s SB 6 — a bill identical to SB 5 as passed by the Senate in the first special session. To move this quickly, the Senate suspended their own rules to circumvent public notice requirements, disenfranchising many Texans who would have testified in opposition to SB 6.

After very little testimony and a quick hearing, the committee voted 9-0 to advance the bill. SB 6 now heads to the full Senate for a vote.

The Texas House did not have quorum and could not do any business, but Democrats are expected to return when the House reconvenes on Monday. If quorum is reached, the House could move just as quickly as the Senate to pass priority legislation — including this sweeping THC ban.

The governor's first called special session concluded on Aug. 15 and he immediately called the legislature back for a second 30-day special session. Governor Greg Abbott’s proclamation includes two cannabis-related items:

• Protect Children from THC – Legislation making it a crime to provide hemp-derived products to individuals under 21 years of age. Note: Some versions of the proclamation mistakenly said 18+. This was confirmed to be a clerical error. The correct age is 21+.
   
• Regulate Hemp-Derived Products – Legislation to comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms — all without banning lawful hemp-derived products.

 The Texas House has come to a standstill. Democratic lawmakers have broken quorum in protest over proposed redistricting maps, leaving the chamber without the minimum number of members required to conduct business. Without a quorum, the House cannot debate, amend, or vote on any legislation — including Senate Bill 5 (SB 5) and House Bill 5 (HB 5), the controversial measures that would ban hemp-derived THC products.

This unexpected turn of events has thrown the special session into uncertainty. 

For now, the hemp ban bills are stalled. But advocates should remain vigilant, because while the full House cannot pass legislation without a quorum, House committees — including the Public Health Committee — could still technically meet and advance bills. Since the Public Health Committee is composed mostly of Republican members, there’s a possibility they could vote to move HB 5 out of committee. That said, without a functioning House floor, the bill would have nowhere to go next.

The passage of HB 5 raises significant concerns about enforcement, consumer safety, and the state’s commitment to freedom and personal responsibility. Advocates warn that pushing the hemp market underground will lead to unregulated, unsafe products and do nothing to prevent youth access — the very issue the bill claims to address.

In the House, Chairman Gary VanDeaver introduced HB 5. Except for the mail delivery amendment, HB 5 is identical to SB 5. The Chairman has made it clear to members of the Public Health Committee that this bill is a "starting point." The committee will have to make a BIG decision: support Dan Patrick's prohibition campaign or stand Gov. Abbott and the nearly 80% of Texans who support regulation rather than criminalization. A hearing is expected next week, but has not been announced and we will only receive 24 hours notice.

If you have valuable testimony to share with the committee to aid in their decision, please prepare to be at the Capitol on short notice. Prepare your written testimony now, plan to bring 20 copies of your testimony for committee members, and expect a 2 minute limit for oral testimony. This hearing represents a pivotal moment for freedom and free markets. Dress professionally, try not to repeat other witnesses, keep your testimony personal, and always remain respectful.

The Senate State Affairs Committee quickly approved and advanced SB 5, Sen. Perry's THC Ban. Now the bill has been scheduled for a vote in the Senate on Monday, July 28. 

We are disappointed to see Sen. Perry continue with his efforts to pass an outright ban on hemp-derived THC. He and Lt. Gov. Dan Patrick are out of touch with the vast majority of Texans who favor regulation, rather than prohibition. SB 5 misses the mark when it comes to Gov. Abbott's special session agenda, which calls for lawmakers to restrict youth access and better regulate consumable hemp products for responsible adult use. While SB 5 is the first comprehensive bill to be filed and receive a vote, we fully expect the House to put forward a more reasonable bill.

TAKE ACTION: Contact your Senator and ask them to vote NO on SB 5!

SB 5 purports to protect children, but instead treats all Texans, adults included, as if they are incapable of making informed decisions. Better policy options exist: age limits, testing requirements, child-resistant packaging, and marketing restrictions tailored to youth protection. These could address safety concerns without banning non-impairing, widely used cannabinoids like CBN and CBC. Governor Abbott himself laid out these options when vetoing SB 3, encouraging a regulatory model that would be enforceable and withstand judicial scrutiny.

SB 5 may look like a more cautious alternative to SB 3, but it still embodies the same underlying problems: it criminalizes peaceful, adult activity; bans non-impairing, federally legal substances; and burdens small businesses with heavy-handed regulation. It repeats the policy mistakes of prohibition under the banner of public health, ignoring both federal law and the governor’s clear guidance. Texans deserve a smarter, liberty-respecting approach that protects minors without criminalizing adults. For these reasons, Texas Policy Research recommends that lawmakers vote NO on SB 5. 

Sen. Charles Perry's THC prohibition bill - SB 5 - is moving very quickly. The controversial legislation was introduced on the first day of the special session and immediately scheduled for a hearing the next morning. In spite of the last minute hearing, advocates from across the state traveled to Austin to testify and voice opposition to SB 5. Video of the full hearing can be found here.

Even after hours of compelling testimony, the Senate State Affairs committee voted unanimously to approve SB 5, advancing the bill to the Texas Senate for a vote. The Senate meets on Thursday (7/24) and is expected to vote on SB 5. If passed, the bill will then move on to the Texas House for consideration. 

We have significant concerns about the bill's provisions that criminalize possession of unapproved hemp products. Sen. Perry pushed back on my testimony, saying there is no jail for first and second offenses, which isn't accurate. While there is no jail time associated with Class C Misdemeanors, a person can (and usually will be) arrested/taken to jail, prosecuted, and saddled with a permanent criminal record for a drug offense which hinders their access to education, employment, housing, child custody, etc.

Even worse, though, are the compounding charges for possessing an unregistered product. In addition to the Class C Misd. for possession of a product that contains any amount of any cannabinoid other than CBD or CBG, a person would face an additional Class B Misd., which carries a penalty of up to SIX MONTHS in jail.

SB 5 was quickly referred to the Senate State Affairs Committee and immediately scheduled for a hearing with very little notice to the public. The committee will meet at 9am this morning to consider SB 5 and two other bills.

We can't know exactly what time SB 5 will be up for consideration, so advocates are encouraged to:

1. Arrive by 9am to sign up to speak or submit written testimony.
2. Submit written testimony via email.
3. Follow us on social for live updates throughout the day.

The committee meeting livestream will be available here starting at 9am.