Texas is moving to ban nearly all recreational THC products, a shift aimed at reversing unintended consequences of past hemp legislation. Lawmakers recently passed a bill that, if signed by Governor Greg Abbott, would prohibit most consumable hemp products that cause a high, such as delta-8 gummies, vapes, and beverages, leaving only non-psychoactive compounds like CBD and CBG legal.
The rapid growth of these products followed the 2018 federal Farm Bill and Texas’s 2019 hemp law, which allowed the sale of intoxicating hemp derivatives that mimic the effects of marijuana, as reported by Bloomberg.
With no federal regulations on finished hemp products, states like Texas have had to address the influx on their own. The FDA’s regulatory gaps have contributed to confusion and inconsistent oversight nationwide. In Texas, smoke shops selling psychoactive hemp items have proliferated, generating $4.3 billion in sales and supporting over 53,000 jobs last year. Lieutenant Governor Dan Patrick, a vocal supporter of the ban, has cited health concerns and the availability of these products to minors. At a recent press event, he showcased THC edibles and warned of their dangers, drawing pushback from local businesses.
While the bill awaits Abbott’s decision, critics argue the ban may do more harm than good. Legal experts, like cannabis attorney Shawn Hauser, warn that restricting access to regulated hemp-derived products could drive demand to the illicit market, worsening public health risks rather than resolving them.
