Senator Charles Perry's controversial Senate Bill 3 was overhauled by the House State Affairs Committee and advanced to the full House for a vote. Instead of banning all hemp THC products, this bill now aims to regulate THC similarly to alcohol. Read the new committee substitute.
The Good: edibles (10mg), beverages (10mg), tinctures (2.5mg), topicals, and low-THC (.3%) flower would be legal for adults 21+.
The Bad: only allowing low-THC flower and banning vape products will drive consumers to the illicit market.
Our Concerns:
Hemp flower and vape products make up the vast majority of the market for hemp in Texas. The unreasonably low THC cap on flower and outright ban on vape products would economically gut the Texas hemp industry. Rather than being supplied by licensed and regulated businesses, demand for natural THC flower without an artificially low cap and vape products will flow to the illicit market with no regulatory oversight or accountability.
Our Recommendations to Improve SB 3:
SB 3 will soon reach the full House of Representatives for a vote.
Contact your representative in support amendments to SB 3 that keep regulations in place, but allow adults to use THC flower and vapes.
Hemp Beverages
Edibles
Tinctures
Natural Hemp Flower
Topicals
Vaping Products Prohibited: Consumable hemp products may not be in a form of hemp-infused oils or other substances packaged for inhaling by heating the product.
Converted Cannabinoids Restricted: "Converted cannabinoid" means a chemical
substance purposely created by converting a phytocannabinoid into a different compound that is intended to mimic a phytocannabinoid or to interact with the endocannabinoid system, except for delta-9 tetrahydrocannabinol. The term does not include a cannabinoid that is approved by the commission.
Synthetic Cannabinoids Prohibited: "Synthetic cannabinoid" means a man-made chemical substance created by using chemical synthesis, chemical modification, chemical conversion, in-vitro biosynthesis, or bioconversion that is intended to mimic a phytocannabinoid, or is intended to or able to interact with the endocannabinoid system.
Packaging may not be attractive to children, must be tamper evident and child resistant, and may not bear any resemblance to (or be stocked near) soda, candy, snacks, medicine, or other food products that are widely distributed and familiar to the public.
Hemp beverage labels must include:
Purpose: To assist the commission in rule-making and the development of a rigorous licensing and enforcement system for hemp beverages and consumable hemp products, the commission may establish an advisory working group.
Membership: The working group must include representatives from the Department of State Health Services and the Department of Public Safety. The working group must include at least one person from each of the following categories: local law enforcement, a scientist familiar with cannabis lab testing issues, an attorney familiar with cannabis regulation, a hemp retailer, a hemp products manufacturer, a hemp beverage manufacturer, and a hemp beverage brand.
On April 7, Hundreds of Texans flooded the State Capitol to testify in opposition to two bills that threaten to dismantle the state’s hemp industry and criminalize consumers who use federally legal hemp products. The House Committee on State Affairs heard testimony on House Bill 28, while advocates focused intense criticism on Senate Bill 3, calling it the more extreme and damaging of the two proposals.
More than 15 hours of public testimony was provided by advocates from across the state—veterans, healthcare professionals, small business owners, patients, and consumers—all warning lawmakers that both bills would have devastating consequences for public health, the economy, and personal freedom.
State lawmakers on Monday laid out a proposal to ban nearly all edible THC products.
Just before 2 a.m., a Texas House committee wrapped up public testimony on bills that would restrict consumable THC products.
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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