Hemp Industry Stakeholders File Preemptive Lawsuit Challenging Potential Texas THC Ban
The lawsuit seeks to challenge Senate Bill 3 on violations of both the Texas and U.S. constitutions.
Cameron Abrams Jun 20, 2025 | The Texan
A lawsuit has been filed in the Travis County District Court seeking to challenge Senate Bill (SB) 3, which would ban the manufacture, sale, and possession of hemp-derived THC products. Included as plaintiffs in the suit are Caprock Family Farms, the state’s largest indoor hemp grower; CBD Pros USA, a hemp product retailer; and Benuvia Operations LLC, a “commercializing controlled substances” manufacturer.
“As multi-generational Texas farmers who have abided with state and federal law, invested in our land, and built our livelihoods on the promise of lawful hemp cultivation, we now face economic devastation,” said a representative from Caprock Family Farms in a press release announcing the lawsuit.
“Senate Bill 3 would force us to destroy viable crops and strip away our rights overnight without compensation. This lawsuit is about protecting constitutional rights, economic liberty, and the thousands of Texas jobs at stake.”
The groups argue in the press release that SB 3 would “retroactively criminalize previously legal activity, destroy lawfully cultivated crops, and deprive property owners of their economic rights without just compensation.” Additionally, the suit argues, SB 3 is in violation of both the Texas and U.S. Constitutions.
Texas Health and Human Services Commissioner Cecile Erwin Young, Department of State Health Services Commissioner Jennifer Shuford, and Department of Public Safety Director Freeman Martin are also named as defendants in the lawsuit.
Texas-based cannabis group Hometown Hero has said publicly that it also plans to mount a legal challenge against SB 3.
Hometown Hero posted a video on Friday, June 20 as rumors swirled about the Travis County lawsuit, saying they “disagree” with this mode of action ahead of action being taken by Abbott — “That lawsuit gives the Governor an out, to say ‘I’m gonna let the courts handle this and I don’t have to do anything with this bill’.”
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