Press Conference: Advocates speak out against THC ban

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On Thursday (5/22), the Texas House passed SB 3 on third reading with a bipartisan vote of 87-54. The bill is headed to the Senate for concurrence or conference committee, if they reject minor House amendments. Once approved by the Senate, SB 3 heads to Governor Abbott's desk. Advocates have mounted a VETO SB 3 campaign. Third reading voting records for HB 46 and SB 3 are available here.

Final SB 3 overview available here.

Here's how it went down: 

"Ultimately, members, these products are federally legal and can be mailed directly to the consumer. Even if Texas passed a total ban, a complete ban would maintain the status quo, just putting more of it on the streets, unregulated." - Chairman Ken King in his opening remarks.

CSSB 3, as adopted by the State Affairs Committee, would have regulated some consumable hemp products and banned others. The bill was amended on second reading by Rep. Oliverson, reverting back to the original version, which bans nearly all cannabinoids from consumable hemp products. Only isolated CBD and CBG would remain legal if SB 3 is passed into law. Rep. Oliverson did include a protection for hemp research on other hemp-derived cannabinoids. The Oliverson amendment passed with a vote of 86-53.

Rep. Reynolds brought up the first of five points of order against SB 3, which could have made the bill ineligible for a vote. Reynolds' point of order was withdrawn. Four additional points of order were brought by Rep. Wu. All withdrawn.

On second reading, Rep. Moody successfully amended the bill to reduce penalties for minors caught in possession of unlawful consumable hemp products. During third reading, Rep. Moody further amended the bill to extend penalty reduction to everyone, not just minors. Rather than a Class A Misdemeanor, Moody's amendment brings the penalty down to a Class C Misdemeanor with a path to expungement for first and second time offenders. Penalties increase for multiple offenses. 

After multiple delays and political maneuvering, on Wednesday (5/21), the Texas House of Representatives has amended and advanced Senate Bill 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.

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.

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.

Texans deserve better. We deserve policies rooted in reality — not rhetoric. The fight isn’t over.

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:

1. Remove the unreasonably low cap on THC in natural, Texas-grown hemp flower.
2. Reduce penalties for possession of more than the allowable amount of hemp flower from a Class A Misdemeanor (higher than marihuana possession punishment) to a Class C citation with no arrest or criminal record.
3. Allow properly regulated vape products to be manufactured and sold in state.
4. Establish a dedicated Hemp Oversight Division within TABC to effectively address the unique regulatory needs of the hemp industry. Hemp and alcohol are fundamentally different substances with distinct markets, risks, and policy considerations. A specialized division would ensure appropriate expertise, enforcement, and support tailored to the hemp sector—without conflating it with the priorities of alcohol regulation.