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 SB 5 or HB 5 out of committee. That said, without a functioning House floor, the bills would have nowhere to go next.
Why the House Can’t Do Business
Under the Texas Constitution, two-thirds of House members must be present to conduct official legislative business. With a quorum break, the chamber cannot pass bills, adopt resolutions, or even take up routine procedural matters. The Texas Tribune reports that arrest warrants have been authorized for absent members, but the political standoff over redistricting shows no signs of resolving quickly.
This means that while committees are not bound by the same quorum requirements as the full chamber, final passage of any bill — including those targeting hemp products — is off the table until the quorum is restored.
What This Means for Hemp Bills
At the moment, SB 5 and HB 5 are in limbo. Here’s the status:
- SB 5: Passed the Senate and awaits action in the House Public Health Committee.
- HB 5: Filed in the House and also awaits committee action.
Even if the Public Health Committee were to hold a hearing and approve one or both bills, they could not advance to the House floor for a final vote without quorum.
While this buys some time for hemp advocates, it’s not a reason to become complacent. The committee could still use this period to gather testimony, amend bills, and position them for rapid movement once quorum is restored. We’ve seen how quickly legislation can advance in Texas when leadership makes it a priority.
Uncertainty Ahead: More Special Sessions Possible
Given the political standoff, there’s a real chance that this special session could end without action on the hemp ban bills — only for the Governor to call another special session. In fact, we could be facing multiple special sessions before the 89th Legislature adjourns for good.
Governor Abbott has already shown a willingness to use special sessions to focus on specific policy priorities, and hemp regulation remains on his call. The big unknown is whether the House will follow his directive for regulation over prohibition, or whether they’ll side with the Senate’s sweeping ban.
Our Commitment to Advocacy
While the political calendar may be in flux, our mission remains the same: to educate lawmakers and advocate for responsible hemp regulation that protects public health while preserving access for responsible adult consumers.
That means continuing to:
- Provide lawmakers with up-to-date, factual information about hemp products, their uses, and their economic impact.
- Share polling data showing that 79% of Texans support keeping hemp-derived THC products legal with added regulations.
- Highlight the dangers of prohibition — including the diversion of law enforcement resources, the creation of permanent criminal records for peaceful consumers, and the growth of a dangerous illicit market.
- Point out the gaps in existing regulation, especially the lack of enforcement by the Department of State Health Services, and push for targeted solutions.
Whenever the House reconvenes — whether in this special session, the next one, or beyond — we will be ready to ensure lawmakers have the facts and hear from the people they represent.
How Advocates Can Prepare
We don’t know when SB 5 or HB 5 will move forward, but we do know that hearings could happen with little notice. Here’s how you can prepare:
- Draft Your Testimony Now Whether written or oral, testimony is your opportunity to speak directly to lawmakers. Be concise, personal, and respectful. Focus on how the bill would impact you, your family, or your business.
- Plan for In-Person Advocacy If a hearing is announced, be ready to show up at the Capitol to register opposition. For oral testimony, expect a 2-minute limit and bring 20 printed copies of your written testimony for committee members.
- Contact Your Representative Even with the quorum break, now is a great time to communicate with your House member. Let them know you oppose the hemp ban bills and support Governor Abbott’s call for sensible regulation.
- Stay Informed We will continue to post updates as the situation develops. Follow our alerts, and be ready to act quickly when needed.
The current stalemate may have paused legislative action, but the fight for fair hemp policy is far from over. Whether in this special session or the next, we will be at the table, pushing for solutions that protect both consumers and small businesses while keeping unsafe products out of the hands of minors.
For now, advocates can use this time to prepare, connect with lawmakers, and spread the word. When the opportunity to influence policy returns, we will be ready.
We’re in it for the long haul.