Texas Pushing Through THC Ban—Here's Who's Exempt
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
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Texas legislators in both chambers have pushed through a ban on cannabis-derived compounds tetrahydrocannabinol (THC) products in the state, which include a range of products including beverages and gummies.
Newsweek has reached out to bill's sponsors and an opposition member for comment via email on Friday.
Why It Matters
Marijuana, which is defined by federal law as having more than 0.3 percent THC concentration, is illegal in Texas. However, hemp, which is a type of cannabis plant with a lower content of THC was legalized in the state in 2019.
Legalization of recreational marijuana has broad support in the state, according to a January 2025 poll from the University of Houston Hobby School of Public Affairs. The survey of 1,200 Texas adults found that more than 60 percent of Texan residents support the legalization of marijuana. The poll has a margin or error of plus or minus 2.38 percentage points.
What To Know
Senate Bill 3, which passed through the Texas legislature this week, bans "products derived from hemp, including consumable hemp products and hemp beverages and the hemp-derived cannabinoids contained in those products." It bans all products with any concentration, including Delta-8 and Delta-9.
These "consumable hemp products" include "food, a drug, a device, or a cosmetic." Products may take any form, such as gummies or edibles, as well as lotions and vapes.
It also outlines new permit requirements for retailers, distributors, and other participants.
Texas Capitol during opening day of the 89th Texas Legislative Session in Austin, Texas, Tuesday, Jan. 14, 2025.
Texas Capitol during opening day of the 89th Texas Legislative Session in Austin, Texas, Tuesday, Jan. 14, 2025.
AP Photo/Stephen Spillman
People who are found in possession of qualifying products may face fines, while individuals caught distributing could face felony charges and jail time.
THC is an $8 billion industry in Texas, and some critics of the bill have warned that this ban will hurt it, instead pushing for safety regulations, age restrictions, and testing requirements instead of a total ban.
Only Texas who have been approved for medical marijuana use would be permitted to keep their prescriptions. There has been a recent legislative push to expand the state's limited medical marijuana program, which is being considered in a separate bill.
Those who are not formally prescribed THC products, will lose legal access to them if the bill takes effect.
What People Are Saying
Texas Lieutenant Governor Dan Patrick said in an X, formerly Twitter, post on May 21: "We cannot in good conscience leave Austin without banning THC, which is harming our children, and destroying Texans' lives and families."
Texas Representative James Talarico, a Democrat said on May 22: "Texas Republicans just banned all weed products in the state of Texas — including edibles and Delta 8. The Republican Party once stood for 'liberty' and 'small government.' Now they're the party of control."
Texas Hemp Business Council said in a statement: "We are deeply disappointed by the Texas House's passage of [SB3], a bill that dismantles the legal hemp industry and ignores the voices of small businesses, farmers, veterans and consumers across the state who rely on hemp-derived products for their livelihoods and well-being."
What Happens Next
Texas Governor Greg Abbott has to sign off on the bill in order for it to go into effect, or he could also veto it. As Lieutenant Governor Dan Patrick has signaled it is one of his top priorities, it is expected to be approved.
If it is passed, most of its provisions will take effect on September 1.
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