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Texans for Responsible Marijuana Policy

Senator Charles Perry Files Senate Bill 5

Senate Bill 5 aims to criminalize the manufacturing, sale, possession and use of consumable hemp products that contain any amount of any cannabinoid other than CBD and CBG. The bill would ban "artificial or synthetic" cannabinoids, but does not define the terms.


SB 5 chooses criminalization over regulation and 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.


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 5 defies the will of the people and Gov. Abbott's stated mission to regulate hemp products during the special session. 

7/28/25: Senate Vote Scheduled for SB 5

The Senate State Affairs Committee quickly approved and advanced SB 5, Sen. Perry's THC Ban. Now the bill has been scheduled for a vote in the Senate on Monday, July 28. 


We are disappointed to see Sen. Perry continue with his efforts to pass an outright ban on hemp-derived THC. He and Lt. Gov. Dan Patrick are out of touch with the vast majority of Texans who favor regulation, rather than prohibition. SB 5 misses the mark when it comes to Gov. Abbott's special session agenda, which calls for lawmakers to restrict youth access and better regulate consumable hemp products for responsible adult use. While SB 5 is the first comprehensive bill to be filed and receive a vote, we fully expect the House to put forward a more reasonable bill.


TAKE ACTION: Contact your Senator and ask them to vote NO on SB 5!


7/22/25: Senate State Affairs Committee Approves SB 5

Sen. Charles Perry's THC prohibition bill - SB 5 - is moving very quickly. The controversial legislation was introduced on the first day of the special session and immediately scheduled for a hearing the next morning. In spite of the last minute hearing, advocates from across the state traveled to Austin to testify and voice opposition to SB 5. Video of the full hearing can be found here.


Even after hours of compelling testimony, the Senate State Affairs committee voted unanimously to approve SB 5, advancing the bill to the Texas Senate for a vote. The Senate meets on Thursday (7/24) and is expected to vote on SB 5. If passed, the bill will then move on to the Texas House for consideration. 

We have significant concerns about the bill's provisions that criminalize possession of unapproved hemp products. Sen. Perry pushed back on my testimony, saying there is no jail for first and second offenses, which isn't accurate. While there is no jail time associated with Class C Misdemeanors, a person can (and usually will be) arrested/taken to jail, prosecuted, and saddled with a permanent criminal record for a drug offense which hinders their access to education, employment, housing, child custody, etc.


Even worse, though, are the compounding charges for possessing an unregistered product. In addition to the Class C Misd. for possession of a product that contains any amount of any cannabinoid other than CBD or CBG, a person would face an additional Class B Misd., which carries a penalty of up to SIX MONTHS in jail.

7/22/25: Senate State Affairs Committee Hearing on SB 5

SB 5 was quickly referred to the Senate State Affairs Committee and immediately scheduled for a hearing with very little notice to the public. The committee will meet at 9am this morning to consider SB 5 and two other bills.


We can't know exactly what time SB 5 will be up for consideration, so advocates are encouraged to:


  1. Arrive by 9am to sign up to speak or submit written testimony.
  2. Submit written testimony via email.
  3. Follow us on social for live updates throughout the day.


The committee meeting livestream will be available here starting at 9am.

Policy Overview of Senate Bill 5 (Introduced)

Senate Bill 5 criminalizes the manufacturing, sale, possession and use of consumable hemp products that contain any amount of any cannabinoid other than CBD and CBG. The bill bans "artificial or synthetic" cannabinoids, but does not define the terms.


SB 5 chooses criminalization over regulation and 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. We deserve better.


Prohibition and Criminal Penalties


  • Warrantless Searches: Property owners must consent to warrantless searches by DPS or local law enforcement.
  • Sales to Minors: Selling products containing CBD or CBG to anyone under 21 would be a Class A misdemeanor.
  • Forgery of Lab Results: Forging, falsifying, or altering lab reports would be a third-degree felony.
  • Cannabinoid Restrictions: Manufacturing or selling hemp products containing any detectable cannabinoid other than CBD or CBG would be a third-degree felony.
  • Possession Offenses:
    • Possessing hemp products with cannabinoids other than CBD or CBG would be a Class C misdemeanor, with escalating penalties.
    • Possessing a consumable hemp product not registered with the department would be a Class B misdemeanor.
    • If the possession violates more than one law, prosecutors may pursue charges under either statute — or both.
  • Smokable Hemp: Manufacturing or selling smokable hemp products would be a Class B misdemeanor.
  • Shipping Restrictions: Mailing or shipping a consumable hemp product containing any cannabinoid would be a Class A misdemeanor.
  • Effective Date: All provisions would take effect on the 91st day after the legislative session ends.
     

Administrative Penalties and Licensing Fees


  • Administrative Fines: Businesses may be fined up to $10,000 per violation of the law or department regulations. The department may revoke, suspend, or refuse to renew a license or registration for a violation.
  • Annual License Fees:
    • Manufacturing/Processing (per location): $10,000/year
    • Retail (per location): $20,000/year
       

Testing, Registration, and Product Labeling Requirements


  • Lab Testing:
    • Products must be tested by a DEA-registered laboratory located in Texas.
    • Test results must be reported to the Department of State Health Services (DSHS).
    • Testing must include microbial contamination, in addition to heavy metals, pesticides, and residual solvents (as currently required by rule).
       
  • Retailer Reporting & Registration:
    • Retailers must report the type and concentration of each cannabinoid present in each product they offer for sale.
    • All consumable hemp products must be registered with DSHS by March 1, 2026.
       
  • Labeling and Packaging:
    • Outer packaging must disclose full product information.
    • Packaging must be tamper-evident and child-resistant.
    • Multi-serving or multi-unit products must be resealable while maintaining child-resistance.
    • Products and advertisements cannot claim medical use.
       

Restricted Sales of CBD and CBG Isolate


  • Age Restrictions: Must be 21 or older to purchase any product containing cannabinoids.
  • Display Requirements: Consumable hemp products must be displayed separately from products legal for children.
  • Buffer Zones: No cannabinoid-containing products may be sold within 1,000 feet of a school.
  • Ingredient Restrictions: Products cannot be mixed with alcohol, tobacco, nicotine, kratom, kava, mushrooms, tianeptine, or any derivative of those substances.
  • Youth Appeal Restrictions:
    • Manufacturing, packaging, marketing, and advertising of edible hemp products must be designed to avoid appealing to children.


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