After multiple delays and political maneuvering, the Texas House of Representatives has advanced Senate Bill 3 (SB 3), marking a major shift in the state’s cannabis policy. The bill passed its second reading with a vote of 95-44, setting the stage for the criminalization of widely available hemp-derived THC products.
One more vote in the House is required, then SB 3 heads to the Senate for final approval before being sent to the Governor.
A Step Backwards
During House floor debate, Rep. Tom Oliverson successfully amended the bill to revert to the Senate’s original, sweeping prohibition language. The amendment passed 86-53, reinstating provisions that ban not just delta-8 THC but effectively all intoxicating cannabinoids derived from hemp — including products that are federally legal under the 2018 Farm Bill.
Under SB 3 as amended, possession of hemp-derived THC products would carry Class A misdemeanor penalties. That’s harsher than penalties for marijuana possession in Texas, which is typically a Class B misdemeanor. A Class A charge means up to one year in jail, a fine up to $4,000, and a permanent criminal record — all for possessing products that are legal in most of the United States.
In the decade prior to hemp legalization, Texas arrested and prosecuted more than 600,000 people for cannabis-related offenses. SB 3 threatens to reignite that era, potentially criminalizing tens of thousands of Texans annually, despite hemp’s continued federal legality. The fiscal note attached to the bill couldn’t even quantify the impact such a policy would have on the already overburdened criminal justice system.
No Protections, No Regulations — Just Prohibition
SB 3 does carve out a narrow exemption for hemp research at institutions of higher education, but otherwise imposes a blanket ban. In doing so, the state is choosing criminalization over regulation. This bill does not protect kids. It does not improve product safety. It does not ensure transparency in the growing and retail hemp industry.
Instead, SB 3 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.
Public Health and Public Will
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 3 defies the will of the people. It is a policy rooted in fear and misinformation, not evidence or pragmatism.
Floor Action and Political Drama
SB 3 faced numerous delays and procedural hurdles in the House. Rep. Ron Reynolds raised the first of several points of order, which could have killed the bill. However, his objection was ultimately withdrawn. Rep. Gene Wu followed with four additional points of order, each of which was also withdrawn, clearing the way for a vote.
Rep. Joe Moody offered an amendment to reduce penalties for minors, which was accepted — a small but important change that mitigates some of the bill’s harshest impacts on young people.
What Comes Next?
With the House’s approval, SB 3 will now return to the Senate, which is likely to concur with the House’s changes. From there, it would head to the governor’s desk.
Make no mistake: this is not just about synthetic cannabinoids. While isolated CBD and CBG remain legal, SB 3 re-criminalizes virtually all other cannabinoids — including all forms of THC — imposing serious criminal penalties and rolling back years of progress in cannabis policy and economic opportunity.
Texans deserve better. We deserve policies rooted in reality — not rhetoric. The fight isn’t over.
Policy Overview: Senate Bill 3
Products
- Legal consumable hemp products would be limited to isolated CBD or CBG cannabinoids. All other cannabinoids, even those that do not cause impairment, would be banned and criminalized.
Licensing
- Manufacturers would pay $10,000 annually to produce CBD or CBG products.
- Retailers would pay $20,000 annually to sell CBD or CBG products.
Penalties and Enforcement
- It would be a third degree felony to manufacture or sell hemp products with cannabinoids other than CBD or CBG. Administrative penalties for businesses can be up to $10,000 per violation of the law or department regulations.
- With the exception of minors, it would be a Class A misdemeanor offense to possess hemp products with cannabinoids other than CBD or CBG. If this offense constitutes an offense under another law, the actor may be prosecuted under this section, the other section, or both. Minors would face an expungable Class C misdemeanor for their first offense and graduating penalties for repeat offenses.
- It would be a Class A misdemeanor offense to ship or mail a consumable hemp product with any amount of any cannabinoid.
- New hemp laws would go into effect on September 1, 2025.
Consumer Protection
- Requires testing for microbial contamination.
- Retailers must report to DSHS the type and concentration of each cannabinoid present in each consumable hemp product offered for sale in their store.
- Packaging and advertising cannot indicate that the product is for medical use.
- Labels must include the amount of CBD or CBG.
Preventing Youth Access
- A person must be 21+ to purchase any product that contains any cannabinoids.
- Consumable hemp products must be displayed away from products that are legal for children to consume. They can be displayed alone or with tobacco or alcohol.
- No products with any amount of any cannabinoid can be sold within 1,000 feet of a school.
- Packaging must be tamper-evident, child-resistent, and if the product contains multiple servings or consists of multiple products purchased in one transaction, resealable in a manner that allows child-resistant mechanism to remain intact.
- Restricts edible consumable hemp product manufacturing, packaging, marketing, and advertising to avoid appealing to children.
Background: Senator Perry and Hemp
In 2019, Sen. Perry sponsored Texas’ hemp legalization bill, aligning with federal law. While it was generally framed as an agricultural measure to support hemp as an industrial crop, the legislation also established a regulatory framework for consumable hemp products containing less than 0.3% Delta-9 THC. In addition to federal oversight, these products are regulated by the Texas Department of State Health Services (DSHS) and the Texas Department of Agriculture (TDA).
Following nationwide legalization, an influx of hemp producers flooded the CBD market, leading to oversaturation. The industry quickly evolved as cannabis laboratories began converting CBD into cannabinoids like Delta-8 and Delta-10 THC, which remain legal under both state and federal law. These alternatives to naturally occurring Delta-9 THC have fueled rapid market expansion.
By 2022, Texas’ hemp industry was valued at $8 billion, supporting an estimated 50,000 jobs. Given its continued growth, projections suggest it could exceed $10–15 billion in 2025.
While Sen. Perry views these developments negatively, the industry’s adaptability has driven economic growth, job creation, and expanded consumer access to safe, regulated products.