A Texas House subcommittee just unanimously passed a bill that would prevent a total ban on consumable hemp products, an issue that arose from a gray area in the 2018 Farm Bill.
At the time, the bill legalized hemp cultivation for agricultural purposes such as fiber, seeds and CBD extracts, and it did not specifically address the sale or regulation of consumable hemp products.
Critics have since argued that state leaders failed to anticipate or respond to the legal confusion that followed.
“When you don’t have a thoughtful, large bill passing to regulate cannabis, you get a hot mess, gray markets that we have all over Texas,” Susan Hays, an attorney with a focus on hemp and marijuana, told the American-Statesman last May when Texas held a Senate hearing on the issue. “So it’s very much the result of policy choices by the leadership.”
Since then, it’s been a contentious issue, and Republican officials have pushed to ban what they call “intoxicating hemp” products which can cause similar effects to cannabis, also known as marijuana, which is illegal in Texas.
House subcommittee passes new hemp bill
After the Texas Senate passed Senate Bill 3 — a sweeping ban on THC — on March 19, the new House legislation that unanimously passed late Wednesday seems to give Texas’ consumable hemp market some wiggle room. Although it would allow only edibles and non-synthetic, smokable low-dose flower buds grown exclusively within the state, according to the Dallas Morning News.
Counties would default to allowing hemp sales but could opt out through elections, similar to those held for alcohol sales. If a county opts out, the hemp program would shift from state health officials to the Texas Alcoholic Beverage Commission, the news organization reported.
Still, even with the bill’s built-in flexibility, its chances of passing the Texas Senate appear slim. It directly contradicts demands from Lt. Gov. Dan Patrick and other Republican leaders who have called for a total ban on these products.
A map showing locations of hemp stores and public schools is seen during a press conference at the Texas Capitol Wednesday, March 19, 2025. Lieutenant Governor Dan Patrick and law enforcement from across the state gathered to express their support for legislation that would crack down on the sale of synthetic THC products.
Last spring, Patrick released a list of legislative priorities that included revisiting the Senate’s 2019 decision to allow sales of cannabis-derived products in Texas. He’s remained firm in his stance and even visited a dispensary in Austin this March, reinforcing his opposition.
The bill also comes at a crucial time as the clock ticks down on the new Farm Bill. Although new drafts for 2025 have not yet been published, last May, the U.S. House Committee on Agriculture passed its version of the bill, which excluded “intoxicating hemp” products — such as delta-8 and THCa — while the Senate committee’s initial draft made no changes to hemp production from the 2018 Farm Bill, which legalized the crop.
A new bill failed to pass, necessitating a second extension of the 2018 Farm Bill, which was originally meant to last only five years. With the U.S. House, Senate, and presidency now under Republican control, it is likely that hemp-derived products will still face a ban due to the Farm Bill, regardless of the outcome in Texas.
What’s the next step?
The bill still needs to move through the full Texas House of Representatives. If it passes there, it would then need to be considered by the Texas Senate, where it faces strong opposition, particularly from Lt. Gov. Dan Patrick and others pushing for a total ban.
If the Senate rejects or amends the bill, it could go to a conference committee to reconcile differences between the House and Senate versions. After that, it would need final approval from both chambers before heading to the governor’s desk for signature or veto.
What are delta-8 and THCa?
The effects of delta-8 and THCa are strikingly similar to delta-9 THC, the active ingredient in cannabis, or marijuana, which is illegal in Texas.
Both delta-8 and THCa are legal under state and federal hemp laws, which define legal hemp as cannabis products containing 0.3% or less of delta-9 THC.
The main difference between delta-8 and delta-9 THC is the location of a double bond: delta-8 has it on the eighth carbon, while delta-9 has it on the ninth. THCa, on the other hand, is not psychoactive in its natural form. However, when heated — a necessary step for smoking the product — it converts into delta-9 THC.
This article originally appeared on Austin American-Statesman: Is Texas banning all THC products? Panel passes new bill that says no