Texas Senator Pushes for Stricter Hemp Rules

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September 25 2025

Background

Sen. Charles Perry, R-Lubbock, seeks to tighten Texas hemp regulations.His efforts follow Gov. Greg Abbott’s executive order to regulate hemp-derived cannabinoid products.Perry previously tried to ban consumable hemp products with THC during special sessions.

Perry’s Requests

On Sept. 19, Perry urged two state agencies to issue emergency rules:

• Texas Department of Agriculture (TDA): Regulate hemp plants.

• Texas Department of State Health Services (DSHS): Oversee hemp products.

Key Proposals:

• Define hemp by total THC, using the formula: Total THC = (THCa × 0.877) + delta-9 THC.

• Ban THCA flower, which Perry calls an illegal cannabis product disguised as hemp.

Perry claims these changes align Texas with federal standards under the 2018 Farm Bill.

Context

The 2018 Farm Bill defines hemp as cannabis with less than 0.3% delta-9 THC.USDA rules, updated in 2021, require total THC testing for pre-harvest hemp.Texas’ hemp plan, approved in 2020, predates these rules, creating potential loopholes.Perry argues that unregulated THCA flower sales exploit these gaps, violating the Texas Controlled Substances Act.

Governor’s Executive Order

Abbott’s order directs:

• DSHS and Texas Alcoholic Beverage Commission (TABC) to ban hemp sales to minors.

• DSHS to strengthen total THC testing.

• Consideration of a framework to prohibit retail hemp flower and synthetic cannabinoid products.

Federal Standards

USDA requires:

• Hemp grown by licensed producers under approved state or federal rules.

• Pre-harvest testing for total THC (0.3% or less).No federal law mandates testing for retail hemp products.

TABC Response

TABC issued emergency rules, effective immediately, lasting up to 180 days:

• Prohibit selling consumable hemp products to those under 21.

• Require ID checks for hemp product purchases.Violations risk license cancellation.Enforcement begins Oct. 1, 2025.

Perry’s Goal

Perry seeks alignment with USDA standards before the 2027 Texas Legislative Session.He challenges hemp retailers to comply with federal law.Related: Federal Court Rules Virginia’s Total THC Hemp Regulations Supersede 2018 Farm Bill.