Texas Hemp Update - August 2025

What’s Really Going On With SB 5

 

Hemp in Texas: Still Legal, Still Under Fire

Let’s start with the basics: hemp in Texas is still legal if it contains less than 0.3% THC. That’s why gummies, edibles, and oils are on shelves right now. But if you’ve been keeping up with the news, you know lawmakers in Austin aren’t exactly handing out high-fives to the hemp industry. Instead, they’ve been pushing hard to ban or heavily restrict hemp-derived THC products.

The Ban That Got Vetoed

Earlier this summer, Lt. Gov. Dan Patrick led the charge on Senate Bill 3 (SB 3), which would have banned all hemp-derived THC products. That means Delta-8, Delta-9 —basically, all the products people actually use—would have been illegal overnight.

Governor Abbott had the final say and hit veto on June 22, calling the bill “extreme” and warning it could destroy small businesses and open the state to lawsuits. For a minute, it looked like common sense had won.

Enter SB 5: Patrick’s Sequel

But Dan Patrick wasn’t done. Only a few weeks later, during a July special session, lawmakers rolled out Senate Bill 5 (SB 5). Think of it as SB 3’s twin.

If passed, SB 5 would:

  • Ban all hemp products containing cannabinoids other than CBD or CBG

  • Make it a crime to manufacture, sell, or even possess these products

  • Introduce steep licensing fees: $10,000 per manufacturing site, $20,000 per retail location, plus $500 for every product registered

  • Allow warrantless inspections of businesses

  • Enforce strict packaging rules, child-resistant containers, and detailed labeling

In plain English: SB 5 doesn’t just regulate—it tries to erase the Texas hemp market as we know it.

The Timeline So Far

Here’s how things have played out:

  • June 22, 2025 – Abbott vetoes SB 3, calling it extreme

  • July 21, 2025 – Special session begins, hemp back on the agenda

  • July 30, 2025 – SB 5 passes the Texas Senate (no surprise—Patrick controls the chamber)

  • August 2025 – The bill moves to the House, where debate is fierce. Some lawmakers have even walked out to block a quorum and stall the vote

What’s at Stake for Texans

This fight isn’t just about politics—it’s about people, businesses, and access to wellness.

  • Jobs & Economy
    The Texas hemp industry supports tens of thousands of jobs and funnels billions into local communities. Farmers, shop owners, and distributors all stand to lose if SB 5 wipes out the market.

  • Access to Relief
    Veterans and rural Texans rely on hemp products for pain, anxiety, PTSD, and sleep. Cutting off access doesn’t eliminate demand—it just drives people to the unregulated market.

  • Law Enforcement
    Crime labs and police departments are already stretched thin. Adding thousands of hemp-related cases would overwhelm labs that need to focus on violent crime and fentanyl.

  • The Monopoly Concern
    Critics warn that SB 5 funnels all demand into Texas’ tiny medical marijuana program, the Compassionate Use Program (TCUP). That means fewer choices for consumers and more power concentrated in the hands of a few big players.

What Abbott Wants Instead

Governor Abbott has made it clear he isn’t team “Ban Everything.” Instead, he’s signaled support for regulation, not prohibition. That could mean:

  • Age restrictions (21+ to purchase hemp products)

  • Potency limits (like a 3mg cap per serving)

  • Stricter packaging and labeling standards

  • Stronger product testing requirements

In other words, Abbott wants oversight, not extinction.

So… What Does This Mean For You?

For now, hemp gummies and edibles are still legal in Texas. You can buy them, enjoy them, and rely on them for relief. But the future depends on what happens with SB 5 in the House. If it passes, products like Delta-8, Delta-9, THCA could disappear overnight.

The Bottom Line

SB 5 isn’t about keeping Texans safe—it’s about control. Lawmakers like Dan Patrick are exaggerating the dangers of THC and ignoring the real benefits hemp brings to everyday people. Abbott has shown that regulation can be the middle ground. Texans just need to make their voices heard before decisions are made for them.

What You Can Do

  • Stay informed—we’ll keep bringing you updates as this unfolds

  • Support local hemp businesses and farmers who depend on this industry

  • Contact your representatives to let them know Texans want regulation, not prohibition

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