The 89th Legislative Session in Texas officially began on January 14, 2025, and one of the hottest topics during this session is Senate Bill (SB) 3, which proposes to ban all forms of consumable THC in Texas. According to Texas Lieutenant Governor Dan Patrick, SB 3, carried by Senator Charles Perry (R – Lubbock), is intended to prevent the sale of products that, on the surface, appear to be compliant with federal law as they are purportedly hemp products, but in reality are oftentimes manufactured in such a way that resulting THC concentrations are higher than cannabis products sold in state-licensed retail dispensaries. Importantly, recreational cannabis use remains illegal in Texas, but is legal for medicinal use with a physician’s prescription through the state’s Compassionate Use Program.
From the center of downtown Fort Worth, Google Maps shows over 15 “Vape Shops” within a five-mile radius. These shops currently sell Delta-8 and other consumable THC products that are not subject to the stricter regulations applicable to cannabis but, as noted above, can in some instances contain higher amounts of THC than regulated cannabis products. In addition to the vape shops, there are numerous gas stations, convenience stores and “CBD” stores that also sell products containing Delta-8. Though their sale of these gummies, chocolates, and drinks appears to be compliant with federal law, namely the 2018 Farm Bill and the Controlled Substances Act, at the end of the legislative session the sale of all such products may be prohibited by SB 3.
A recap of what led to SB 3 and the 2025 discussion on THC products:
- 1970: Marijuana classified as schedule I drug federally.
- 1973: Texas becomes first state to lower penalty of possession of four ounces or less a misdemeanor.
- 2015: Texas passes low-THC medical cannabis law.
- 2018: U.S. enacts Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill, legalizing low-THC hemp-derived products. Specifically, any hemp-derived products must contain 0.3% or less THC.
- Immediately after: Texan hemp manufacturers discover a perceived “loophole” in the 2018 Farm Bill andbegin manufacturing hemp products containing Delta-8 and Delta-9 THC
- On May 29, 2024, the Senate Committee on State Affairs held a public hearing on the need for legislation which would restrict the manufacture of certain consumable hemp products. Senator Charles Perry advocated for removing any product containing any amount of THC from the commercial market.
- Citizens who support SB 3 include mothers whose sons began consuming low-THC edibles available at convenience stores and are now in therapy, assisted living facilities, or jail for actions they took during what the mothers alleged was “cannabis-induced psychosis.” Other advocates for a complete ban includ members of law enforcement whose jobs have become much more difficult during traffic stops, as they must make an assumption of whether edibles found during a vehicle search are above or below the .3% THC limit.
- Citizens who oppose a total ban of THC include hemp-business owners and hemp consumers who rely on low-THC products who prefer hemp, as opposed to opioids and other and other narcotics used for pain management. . Those who oppose a total ban have asked for “common-sense regulations” that would include, among other things, age restrictions for consumers,, clear advertising, and restrictive ingredient lists.
The Bill
SB 3 was introduced in the state Senate on February 20, 2025, and provides in part, a complete ban on all all cannabinoids except for cannabidiol (CBD) and cannabigerol (CBG). These cannabinoids are allowed because they are not pyschoactive and, thus, do not produce the traditional “high” caused by other cannabinoids, such as THC. Further, SB 3 requires sellers of CBD and CBG products to pay a $20,000 registration fee, submit all products for testing, and may only sell product in child-resistant packaging to consumers twenty-one years of age or older. Lastly, under SB products with any amount of THC are completely banned.
Public Reception
During a second open public hearing held on March 3, 2025, it appeared residents of Texas remain divided with respect to SB 3. Those who oppose SB 3 continue to focus on the benefits of low-THC products for pain management, and urged legislators to consider the harm that may result to consumers who are unable to access products with low levels of THC. Opponents again pointed to death and other harm caused by other substances used for pain management, including addiction to Fentanyl and other narcotics.
In response, supporters of SB 3 pointed to the harm that has been caused by allowing the production of hemp intoxicating substances. Notably, Senator Perry stated, “The low-THC allowance was supposed to benefit hemp production; instead, it was abused and has now ruined families and the hemp farming industry.”
Supporters of SB 3 assert that it should be passed so that children could be saved from the effects of THC in foods, drinks, and vapes. Some medical professionals testified that there has been an increase of children presenting to emergency rooms with mental and physical issues allegedly resulting from ingesting THC-infused products—including Captain Crunch cereal look-a-likes, Reese’s buttercup-shaped chocolates, and fruit juice drinks.
Lastly, Senator Perry has introduced SB 1505 – which addresses then medical use of low-THC cannabis under the administration of the Texas Compassionate-Use Program (referred to as “TCUP”). Senator Perry insists that an expansion of the TCUP will help those who desire to use low-THC products for pain management.
Now What?
On March 13, 2025, the Senate Committee on State Affairs voted 10-0 to approve SB 3 to the Senate floor, and on March 18, 2025, SB 3 was placed on the Senate’s intent calendar. Because bills must stay on the calendar for two days before it can be debated, SB 3 can arrive on the Senate floor as early as March 20. To get there, three-fifths of the senators—at least 19 members—must support taking a vote on the bill. Once achieved, the sponsor of the bill may ask Lt. Gov. Dan Patrick to bring the floor for debate. There is no order of bills on the intent calendar making it to the floor. This means that many bills die on the intent calendar without ever being debated in the full Senate.
Should the bill reach the Senate floor, it must be read three times before a vote is taken. The bill passes the Senate if it receives a simple majority vote. After passing one chamber, the exact bill goes into the other chamber’s committee to repeat the above process: from committee through a floor vote. After passing the opposing chamber’s floor, an unamended bill (or an amended bill that the originating chamber accepts) is enrolled, signed by each chamber’s presiding officers in the presence of their respective chambers, and sent to the governor for an approval or veto within ten days. If approved in its current form, SB 3 will take effect on September 1st, 2025.
We will continue to monitor and provide updates on the status of SB 3, which surely will not be the last piece of legislation in Texas or in any state that attempts to implement a total ban on all amounts of THC in any hemp products.