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