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Texas medical marijuana industry to push for hemp age restrictions and delta-8 ban

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July 01, 2025



Texas' cannabis dispensaries entered this year's legislative session with a two-pronged approach for expansion: to ease the state's regulations on their sector, which have significantly hindered access for those in need, and to eliminate the competition from consumable hemp. Consumable hemp has been permitted to flourish without oversight, drawing away consumers and revenue.


The cannabis industry, officially known as the Compassionate Use Program, secured victories on both fronts with state legislators. However, on the latter point, they failed to convince Governor Greg Abbott, who holds the ultimate authority.

Now that the governor has vetoed a bill that would have criminalized the sale and possession of hemp-derived THC, cannabis dispensaries fear they cannot continue operating unless Texas agrees to heavily regulate the hemp industry, or at the very least, grant the medical program similar freedoms.


"I was surprised, just extremely surprised and bordering on disbelief when I learned about the veto," stated Nico Richardson, CEO of Texas Original, a Central Texas cannabis company. "The expansion [to the cannabis program] was intended to include the hemp restrictions."

State lawmakers have been called back to Austin on July 21 for a special legislative session to address how they plan to regulate the hemp industry, now that a ban is off the table for the time being. Leaders in the cannabis program want the Legislature and Abbott to prohibit a significant segment of the consumable hemp industry, specifically synthetic delta-8 THC, and to raise the age for purchasing other hemp products. They also seek an increase in dosage limits for cannabis products.


"However, it also presents a unique chance to return to the drawing board, bring essential stakeholders together, and get it right this time," commented Jervonne Singletary, a spokesperson for goodblend, an Austin cannabis company. "Cannabis and hemp can coexist in Texas if managed responsibly."


Reining in Consumable Hemp


Abbott, in his veto, urged lawmakers to consider regulating consumable hemp similarly to alcohol. He recommended prohibiting the sale and marketing of THC products to minors, mandating testing throughout the production and manufacturing processes, allowing local governments to forbid stores from selling THC products, and providing law enforcement with additional funds to enforce these restrictions.


Cannabis industry leaders also advocate for regulations that go a step further by banning a substantial portion of the smokable hemp market, particularly products containing the synthetic THC known as delta-8. These products are inexpensive to produce and have a longer shelf life because they contain a small amount of natural hemp. Delta-9 THC, akin to cannabis, is directly extracted from the plant and is more time-consuming and costly to produce, as it requires a grower's expertise.


"Our products are comparable in price to the delta-9 THC products. What we cannot compete with are these delta-8 products because we cannot manufacture chemicals, and frankly, we would not want to, as it is not responsible," Richardson explained.


The Texas Hemp Coalition, the industry's non-profit advocacy organization that monitors market shifts, supports regulations on delta-8. Aaron Owens, a member of the hemp industry, expressed his support for an outright ban, stating it would allow hemp growers to have more control over the market, rather than laboratories.


"The primary issue is these synthetics. Remove them, and 95% of the industry vanishes because this material does not originate from the farmer," said Owens, a hemp farmer and founder of Austin-based Tejas Tonic, a hemp beverage company. "A ban on synthetics would... revert to the traditional hemp-and-cannabis approach."


Members of the hemp industry indicated their willingness to accept many of the regulations Abbott proposed in his veto. They would also agree to implement an age restriction of 21 for purchasing THC-containing hemp products and to prohibit sales within 1,000 feet of a school or church.

 
 
 

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