Gov. Greg Abbott on Sunday struck down a proposed ban on gummies, vapes and other products containing THC and set a special session for July for the Legislature to pass a new set of regulations.
Abbott announced his decision just minutes before his midnight deadline to veto bills passed by the 89th Legislature, as reported by the Dallas Morning News.
Senate Bill 3, championed by Lt. Gov. Dan Patrick, would have totally prohibited products containing tetrahydrocannibinol, the main psychoactive ingredient in cannabis, functionally shutting down an industry that over the past six years has grown to encompass $8 billion in economic value by some estimates.
That proposal was the subject of intense debate this session. Unlike other states, Texas does not have age limits or testing or manufacturing requirements for THC products, a fact that Patrick seized upon in urging the Senate to support his priority.
A coalition of Texans, including business owners, veterans and parents, all pushed back against Patrick’s charge for outright prohibition, instead laying out a list of regulations that they argued would solve the problems the lieutenant governor identified while still allowing the industry to exist.
Both chambers eventually passed the measure, but advocates on both sides of the issue had been watching the governor’s office to see if he would sign the bill into law.
In an extensive proclamation for the veto, Abbott called for Texas to “strongly regulate hemp,” recognizing the concerns about the current state of the THC industry here while also criticizing the bill’s bluntness.
“The legal defects in the bill are undeniable,” Abbott said.
SB 3 faces “valid constitutional challenges” that would tie it up in courts until the next legislative session, Abbott wrote. Arkansas passed a similar law in 2023 that a federal court then paused, finding that it probably was preempted by federal statutes.
“As a former Supreme Court Justice and Attorney General of Texas, I know that Senate Bill 3 is vulnerable to the same legal attacks,” Abbott explained. “At worst, Senate Bill 3 would be permanently invalidated by the courts; at best, its implementation would be delayed for years as the case winds its way through the legal system. We can do better.”
Patrick took to social media to criticize the governor’s decision, saying on X that Abbott had been “totally silent” throughout the session on the proposal.
In order to responsibly reform the THC industry in Texas, Abbott wrote that lawmakers “must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure, and can take effect without delay,” to go into effect this year.
That might include some or all of the following regulations:
• Punishing people who sell or provide THC products to minors
• Prohibiting THC product sales near parks, playgrounds, churches “and other areas frequented by children”
• Limiting sale hours
• Giving local governments the ability to limit or prohibit THC products in stores
• Restricting the amount of THC in each product
• Limiting individuals to a certain number of purchases in a given span of time
• Assessing extra taxes on THC products for oversight and enforcement
When lawmakers reconvene for the special session on July 21, they will consider several other issues, including criminal justice system changes. Abbott can add other topics to the session agenda in the coming weeks.
That could include a chance for the Legislature to approve new congressional districts, following reporting that leaders in the White House are pressuring Texas for a mid-decade redistricting to minimize Republican losses in the 2026 midterms.
