Advocates Condemn Criminalization of Hemp Consumers Under SB 5
The Texas Senate has passed Senate Bill 5, a sweeping prohibition measure that bans nearly all hemp-derived cannabinoids, including products widely used by Texans for wellness and therapeutic purposes. The vote comes in direct contradiction to Governor Greg Abbott’s call for sensible regulation, not prohibition, during the current special session.
We’re disappointed to see the Senate advance SB 5’s total ban on hemp-derived cannabinoids. Rather than addressing the issue with facts, science, and sound public policy, the Senate has chosen to defy the clear directive of the Governor’s special session call, which is to regulate these products, not ban them outright.
Governor Abbott has been consistent: Texas can and should implement reasonable regulations to protect consumers without eliminating access.
SB 5 doesn’t just ban sales, it criminalizes possession of common hemp products used legally and responsibly by adults across the state. Consumers could face multiple criminal drug charges for possessing full-spectrum CBD or other non-impairing products that contain trace levels of THC.
The worst part of this bill is the element of criminalization. Texans are outraged. Many rely on these products for wellness and do not deserve to be arrested, prosecuted, and saddled with a criminal record for possessing federally legal hemp products.
The bill’s passage 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.
Advocates are encouraged to contact their representatives in opposition to SB 5 and in support of more sensible policy that regulates THC for responsible adult use.