The Texas Senate has advanced legislation that could soon make most consumable hemp products illegal across the state—marking a significant shift in how cannabis derivatives are regulated just five years after federal legalisation of hemp.
On Wednesday, senators voted 20-9 to approve Senate Bill 5 (SB 5), a proposal that criminalises any consumable hemp item containing any detectable amount of THC—regardless of potency. The bill also bars products containing cannabinoids other than CBD or CBG, cutting out a broad swathe of popular wellness and recreational items currently sold in shops across Texas.
From Delta-8 Gummies to THC Seltzers—All Could Be Off Shelves
This bill doesn’t just target high-potency products. If passed, it would ban even trace amounts of THC found in everyday hemp goods like oils, vapes, edibles, and infused drinks. That includes Delta-8 THC, a compound many Texans have turned to as a legal alternative to marijuana.
What makes SB 5 especially controversial is its criminalisation clause. Possession, sale, or distribution of these newly prohibited hemp items wouldn’t be a regulatory infraction—it would be a criminal offence.
Supporters of the bill argue it’s about public safety. They claim an unregulated market has allowed potent THC products to flourish in convenience stores and wellness shops, often without clear age limits or lab testing. But critics say the state is overcorrecting.
“They’re trying to fix a regulatory issue by using a sledgehammer,” said Rick Trojan, president of the Hemp Industries Association. “It’s like banning beer because some people are selling moonshine.”
A Bill the Governor Already Rejected, Back From the Dead
This isn’t the first time lawmakers have tried to get such a measure passed. Earlier this year, Governor Greg Abbott vetoed a similar proposal, citing concerns over its economic impact and legal ambiguity.
So why is the bill back? And why now?
The answer lies in Texas’s special legislative session, called by the governor to address select issues—hemp wasn’t originally on the docket. Yet, SB 5 was added and fast-tracked with little warning, catching many off guard. Legal experts believe political pressure from law enforcement groups and certain advocacy coalitions played a key role.
In contrast, the bill’s opponents point to timing as suspect. Just months before the veto, the state’s hemp industry brought in over $8 billion in revenue, according to the Texas Hemp Coalition. Thousands of small businesses rely on sales of products that would be outlawed under SB 5.
And the ban doesn’t discriminate by strength. Even products with less than 0.3% THC, the federal limit under the 2018 Farm Bill, would be subject to criminal charges if they contain any measurable THC.
What the Bill Actually Says, In Plain Terms
Here’s what SB 5 would do, if passed by the House and signed into law:
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Ban the manufacture, sale, or possession of any consumable hemp product with detectable levels of THC, regardless of potency.
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Criminalise all cannabinoids except for CBD and CBG.
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Introduce criminal penalties for possession, starting with misdemeanours but scaling up for distribution.
The table below breaks down how SB 5 would treat different hemp product types:
| Product Type | Currently Legal? | Status Under SB 5 | Notes |
|---|---|---|---|
| CBD oil | Yes | Legal | Must contain no THC |
| Delta-8 Gummies | Yes | Illegal | Contains detectable THC |
| THC-infused drinks | Yes | Illegal | Trace THC is banned |
| CBG capsules | Yes | Legal | No THC involved |
| Full-spectrum hemp | Yes | Illegal | Contains minor cannabinoids |
That blanket approach has civil rights groups concerned. “You’re not regulating. You’re criminalising,” said Dallas attorney Leah Eldridge. “There’s a world of difference.”
Industry Reacts With Anger, Confusion, and Legal Threats
The Texas hemp industry didn’t hold back in its response. Within hours of the Senate vote, small business owners across Austin, Houston, and Dallas began organising legal challenges.
A group of store owners in East Texas launched a coalition on Thursday morning to contest the bill if it becomes law, with plans to file for injunctive relief. Others are preparing to move their businesses out of state altogether.
And for good reason. According to a 2024 report by Brightfield Group, the U.S. hemp-derived THC market is projected to reach $12 billion by 2027, with Texas representing the second-largest share of consumer demand behind California.
What Happens Next? House Holds the Cards
SB 5 now heads to the Texas House of Representatives, where its future is still uncertain. Some representatives have voiced concerns over the bill’s scope, particularly its effects on small businesses, veterans using THC for PTSD, and the criminal justice system.
“Are we really prepared to jail people over CBD products that happen to have 0.01% THC?” asked Rep. Erin Zwiener, a Democrat from Driftwood. “We need smarter policy, not broader bans.”
Even within the Republican ranks, cracks are forming. While Senate support was strong, several House Republicans have close ties to business lobbies that could be severely impacted.
Still, advocates say the bill is gaining steam—partly because of increasing pressure from parent groups and law enforcement who claim THC products are ending up in teenagers’ hands far too often.
Legal Grey Zones, National Implications
Texas isn’t the only state grappling with hemp laws. Florida and Tennessee are also debating tighter controls on hemp-derived THC. But Texas’s move could set a national precedent, particularly given its size and influence.
If SB 5 passes, it might prompt other conservative-led states to follow suit—triggering a ripple effect across the industry. The question becomes: is hemp under attack, or is this just overdue regulation?
Meanwhile, confusion reigns. The 2018 federal Farm Bill legalised hemp under strict guidelines, but states have broad authority to interpret those laws. That’s why you can legally buy a THC seltzer in Austin, but get arrested for it in Abilene—if SB 5 becomes law, anyway.
