Senator Charles Perry's controversial Senate Bill 3 includes some good changes to the law, but sadly, it also re-criminalizes THC, sending Texas back to an era of prohibition.
Senate Bill 3 aims to significantly restrict the legal market for hemp products by banning THC and nearly all other cannabinoids. If passed, the bill would allow consumable hemp products to include only cannabidiol (CBD) or cannabigerol (CBG). The bill would also institute age restrictions for all consumable hemp products and require child-resistant packaging. Marketing and advertising would be limited as to not appeal to children and no products with any amount of any cannabinoid can be sold within 1,000 feet of a school.
We share the senator's concern about youth access and potentially dangerous products sailing under the radar of regulators, but we oppose banning THC for responsible adult use. Such a ban would hand this multi-billion dollar industry over to the illicit market, abandoning all opportunity to enforce regulations.
SB 3 is priority legislation for Lieutenant Governor Dan Patrick, so the bill may move quickly through the Senate. The Texas House seems less enthusiastic about re-criminalizing THC.
Rather than dismantling a thriving sector of the Texas economy, refining regulations would enhance safety while supporting Texas businesses and fostering innovation in hemp-derived cannabinoids.
Contact your legislators in support of sensible regulations to keep THC products safe and legal for responsible adult use.
Senate Bill 3 was approved by the Texas Senate with a bipartisan vote of 24-7. The bill will now be sent to the House, where there is far less support for an outright ban on THC. (Click here for a refresher on the legislative process.)
TAKE ACTION: Call your representative's office! Click here to look up your state representative's phone number. Here's an example of what you might say when you call:
"Hello, my name is _______. I'm a constituent calling about an important bill that will be up for a vote soon. I'm calling to express my strong opposition to SB 3, the bill that would ban hemp THC products. I support regulations to protect young people, but I'm very concerned about the negative impact of prohibition. Our state will be safer if we choose to effectively regulate these products, rather than criminalizing possession of these federally legal products."
REMINDER: Be sure to remain respectful and thank your senator for their service to your district.
On March 19, Sen. Charles Perry's Senate Bill 3 was debated, amended, and passed in the Senate.
Amendments include a requirement that CBD/CBG products (the only cannabinoids that remain legal under this bill) be tested in-state, each product must be registered with DSHS for law enforcement verification, no consumable hemp product may include any other mind-altering substance, and manufacturing/sales of unauthorized consumable hemp products would be a third degree felony. Read more details from Marijuana Moment.
In a press conference surrounded by law enforcement officials, Lieutenant Governor Dan Patrick and Senator Charles Perry used fear and misinformation to promote SB 3, a bill aimed at banning THC in Texas. The event, filled with alarmist rhetoric and unfounded claims, ignored real solutions that would effectively regulate cannabis and ensure consumer safety.
On Monday, the Senate State Affairs Committee hosted a hearing for Sen. Charles Perry's controversial Senate Bill 3, which would ban THC and nearly all other cannabinoids. The committee also heard SB 1505, Perry's bill that makes changes to the Compassionate Use Program.
The hearing attracted a large turnout, with over 170 individuals registering to testify, highlighting the intense public interest and industry stakes. Testifying witnesses included regulators, hemp business owners, employees, consumers, cannabis attorneys, medical professionals, and law enforcement. (See our testimony here.)
The hearing was covered by the Texas Tribune, Houston Chronicle, CBS Austin, Fox 7, and Marijuana Moment.
Consumer Protection
Preventing Youth Access
Licensing Fees
Penalties and Enforcement
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.
Texas Senator Charles Perry
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