Texas House delays vote on hemp ban with exceptions for THC drinks
- Jason Beck
- May 21
- 4 min read
Posted: May 20, 2025 / 11:39 AM CDT
Updated: May 21, 2025 / 11:37 AM CDT
AUSTIN (Nexstar) — On Tuesday, the Texas House was set to discuss an amended version of Senate Bill 3, which increases regulations on the consumable hemp industry and outlaws synthetic cannabinoids. The bill was significantly altered from the Texas Senate version to completely ban consumable hemp with THC, a bill which Lt. Gov. Dan Patrick said he’s willing to go to a special session to complete.
On Monday afternoon, State Rep. Tom Oliverson, R-Tomball, authored an amendment to reinstate most of the House’s changes to SB 3 amidst pressure from Patrick on social media to completely ban all forms of THC.
“As a board-certified anesthesiologist trained in chronic pain, I’ve seen the quiet suffering of Texans who are desperate for safe, effective relief,” Oliverson said on social media. “Texas patients need real medicine, not unregulated hemp THC products sold at gas stations. These products pose serious risks, including overdose and psychosis.”
As SB 3 was set to be heard on Tuesday, State Affairs Chair Ken King, R-Canadian, motioned to delay his bill until 3 p.m. Once it was brought up again, he delayed until 6 p.m. However, the House adjourned a little after 4:30 p.m., pushing discussion on SB 3 to Wednesday.
House Changes to Senate Bill 3
The Senate’s version of SB 3, which passed 27-4, is 18 pages long. The version the House State Affairs committee came up with is 140 pages, nearly eight times the length.
During the State Affairs Committee meeting, King explained how the new version would allow regulated sale of some hemp products that contain below 0.3% THC.
“It allows for some hemp sales to be continued. It bans vapes. It bans vape shops. It bans all synthetics. Delta-9, the natural flower that’s grown and sold in Texas, would remain,” King said.
In addition to synthetics being banned, the bill would prohibit consumable low-level THC hemp from being packaged as chips, candy, chewing gum or “other products attractive to minors,” and bans all artificial products unless expressly allowed. Tinctures would be allowed to have 2.5 milligrams of THC per each milliliter serving and up to 75 milligrams of THC in a container. Other products would be allowed 10 milligrams of THC per serving, with up to a gram of THC allowed in a container.
Raw hemp flower would also be allowed under the House’s version, as long as it contained less than 0.3% THC by weight. The bill also opens up opportunities for a larger low-level THC-based drink market, including regulated THC drinks sold on-premises (brewpubs, etc.).
If a person knowingly or intentionally possesses products banned under this bill, they would be committing a Class A Misdemeanor, punishable by up to one year in jail and/or a $4,000 fine.
The bill requires licenses for any producer, tester or seller of the low-level (<0.3%) THC products. Retailers must be in a fixed location (not a vehicle) and can sell natural hemp flower and consumable hemp products, hemp beverages with a hemp beverage permit and other products without cannabinoids. A hemp retailer cannot sell tobacco or alcohol.
The House version of SB 3 also includes a list of provisions designed to prevent those under 21 from accessing consumable hemp. No retailer’s employees can be under 21 — or 18 if the store is owned by their parents. Sale would be prohibited within 300 feet of a school, church, public playground, day care center, child care center, homeless shelter or substance abuse treatment center. Some form of ID would have to be scanned to make a purchase.
Pushing a THC ban across the finish line
On Monday night, Patrick released another long-form video on his X account urging support for his proposed THC ban.
“We cannot in good conscience leave Austin without banning THC, which is harming our children, and destroying Texans’ lives and families,” Patrick wrote.
Some Texas House members chimed in, echoing Patrick’s message.
“Let’s get it done @DanPatrick,” State Rep. Nate Schatzline, R-Fort Worth, wrote.
“The Lt Gov — joining with virtually every law enforcement group from across Texas — is 100% right on this,” State Rep. Jeff Leach, R-McKinney, wrote. “Texans are counting on the House to join the Senate in taking a strong stand against THC and those who are peddling it to our children. Anything less than a full ban will miss the mark and miss the moment.”
Back in April, Texas Department of Agriculture Commissioner Sid Miller — a proponent of the state’s growing medical program — also showed support for Patrick’s efforts.
“Texas never intended for high potency and dangerous substances like Delta-8 and Delta-9 THC products to be readily available to Texas children,” he wrote. “Currently, we have an unregulated marketplace which allows exactly that. That’s why I support Lt. Governor Dan Patrick’s efforts to protect our kids and end the lawlessness.”
Hemp growers concerned
Kyle Bingham, a farmer in west Texas, operates a 2,000-acre farm and says he dedicates about 5%, or about 100 acres, for growing hemp. He is also the vice president of the National Hemp Growers Association.
He calls the bill “overreaching,” claiming it will impact all hemp-derived products. He draws that conclusion from a sentence in the bill version passed by the Senate that reads, “prohibits a license holder from manufacturing a consumable hemp product that contains any amount of cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG).”
An amendment by Rep. Oliverson has the same sentence. Bingham argues all products will have trace amounts of THC. “It may be 10 parts per billion. It may be very small amounts,” Bingham said.
One example is hemp hearts, which is the inner part of a hemp seed. You can buy them at your grocery store and add them to your dish when you’re cooking. Bingham says the hearts will have trace amounts of THC, but not nearly enough to make its consumer feel any psychoactive effects.
His argument is all hemp-derived products can be tested for THC, but he doesn’t feel the bill is clear on how testing will be conducted. “What are the clear rules for testing? What are your detectable limits? How are we going to test this,” Bingham asked.
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