Senate Bill Would Eliminate Most Legal Hemp Products in Texas

A controversial bill to ban hemp-derived THC products is advancing again in the Texas Senate, reigniting a clash between lawmakers and hemp industry advocates. On Wednesday, Senate Bill 5, filed by Sen. Charles Perry (R-Lubbock), passed in a preliminary vote 20-9. The measure would outlaw any hemp products with detectable THC, leaving only CBD and CBG, non-intoxicating cannabinoids, legal. This would effectively ban most hemp products currently sold under federal guidelines.

According to The Texas Tribune, Perry argued that widespread availability of THC was never the intent of hemp legalization and dismissed claims of its medical benefits, saying, “Texas has never gotten its medical treatment from gas stations over the counter.” He also rejected Governor Greg Abbott’s proposal to regulate THC products like alcohol, arguing that law enforcement lacks the resources to oversee such a system. “Prohibition sets a bright line for enforcement,” Perry said, adding that he’d likely have supported alcohol prohibition in the 1930s.

Opponents of the bill, including Sen. José Menéndez (D-San Antonio), warned that an outright ban would harm people who rely on hemp-derived THC as a more affordable and accessible alternative to opioids or alcohol. He criticized the state’s current medical cannabis program, the Texas Compassionate Use Program (TCUP), as costly and difficult to access, noting that many turn to hemp out of necessity. Perry countered that expanding TCUP, an effort already underway, requires banning hemp to ensure its success.

Meanwhile, alternative approaches are emerging in the Legislature. Sen. Nathan Johnson (D-Dallas) introduced Senate Bills 53 and 54, which would regulate rather than ban hemp products. His proposals include age limits, product dosage caps, child-safe packaging, and redirecting tax revenues to public health and safety efforts. In contrast, SB 5 revives a prior bill vetoed by Abbott earlier this year, which prompted strong backlash from veterans and chronic illness advocates who rely on hemp.

As the bill moves forward, attention shifts to the House, where responses remain divided. Companion legislation has been filed by Rep. Gary VanDeaver (R-New Boston), while other lawmakers, such as Rep. Jessica González (D-Dallas), have introduced bills to legalize adult-use cannabis entirely. Other House proposals focus on product labeling, child safety, and consumer protection. With such a wide range of legislation on the table, Texas is bracing for a legislative battle over how, or whether, to regulate THC products.