Texas Senate Approves THC Ban Over Governor’s Opposition

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The Texas State Capitol Building. (Photo: Unsplash/Brandon Bell)

Texas Senate Advances THC Ban, Echoing Previous Veto Battle

In a meaningful legislative move, the Texas Senate has once again passed a bill that would ban the sale of most tetrahydrocannabinol (THC) products, a measure nearly identical to one previously vetoed by Governor Greg Abbott.

published: May 16, 2024
Modified: May 16, 2024

By Archyde Staff

The Texas Senate has advanced legislation aiming to prohibit the sale of most tetrahydrocannabinol (THC) products, marking a contentious turn in the state’s approach to cannabinoid regulations.This advancement comes as a near-replica of a bill that Governor Greg Abbott previously vetoed during the regular session.

The bill, SB 27, focuses on banning the sale of most THC products, notably those derived from hemp. This stance reflects a broader debate across several states regarding the regulation of these compounds, which have gained popularity for their various perceived effects.

did You Know? Many states are currently grappling with how to regulate hemp-derived cannabinoids, creating a patchwork of laws across the nation.

Supporters of the ban argue that it is necessary to protect public health and prevent the proliferation of products that could be misused. They express concerns about the potency and unregulated nature of some THC products currently available on the market, particularly those marketed as alternatives to marijuana.

However, the repeated legislative push suggests a strong desire among some lawmakers to implement stricter controls, even after the governor’s previous veto. This could indicate a potential override or a renewed effort to convince the governor of the bill’s necessity.

Pro Tip: Staying informed about state-level legislative changes is crucial for consumers and businesses operating in the cannabinoid industry.

The bill’s trajectory highlights the ongoing tension between consumer access and regulatory oversight concerning hemp-derived THC.The legislative maneuvering sets the stage for another potential confrontation with the governor’s office.

Opponents of the bill, including many in the burgeoning hemp industry, argue that it unfairly targets products that have been legally produced and sold. They contend that the ban could stifle innovation and harm businesses that have invested heavily in the legal hemp market, which is distinct from the federally illegal marijuana market.

The debate over hemp-derived cannabinoids continues to evolve, with states like Texas at the forefront of these discussions. The outcome of this legislative effort will likely have significant implications for both consumers and businesses in the state.

With the Senate passing SB 27, the focus now shifts to the House of Representatives and back to Governor Abbott, who has the final say.His previous veto suggests a cautious approach, but the legislature’s persistence indicates a strong push for regulation.

Will Governor Abbott sign this measure into law, or will he uphold his previous veto, leaving the regulatory landscape in Texas for THC products unchanged for now?

Understanding THC legality in Texas

The legal status of tetrahydrocannabinol (THC) in Texas has been a complex and evolving issue. While hemp, defined by federal law as having Delta-9 THC concentrations of no more than 0.3% on a dry weight basis, is legal, the interpretation and regulation of various THC isomers and derivatives derived from hemp have created significant debate.

The 2018 Farm Bill federally legalized hemp and its derivatives, provided they meet the Delta-9 THC threshold. This paved the way for a market of hemp-derived products containing other cannabinoids like Delta-8 THC, Delta-10 THC, and THCA. However, many states, including Texas, have sought to regulate or ban these products, citing concerns about their psychoactive effects and potential for misuse.

The Texas Legislature has seen multiple attempts to clarify or restrict the sale of hemp-derived THC products.

What are the potential legal challenges to SB-234, and on what grounds are they based?

The Legislative battle: A THC Ban in Texas

On August 2nd, 2025, the texas Senate passed a bill enacting a statewide ban on tetrahydrocannabinol (THC), the psychoactive compound in cannabis, overriding strong opposition from Governor Greg Abbott. This landmark decision, impacting the burgeoning hemp-derived cannabinoid market in Texas, has sent ripples through the state’s business community and sparked debate regarding individual liberties and state control. The bill, officially designated SB-234, aims to close what legislators perceive as loopholes in the 2019 law legalizing hemp, which allowed for the sale of products containing low levels of THC.

Understanding the core of SB-234

The crux of the new legislation centers around the definition of “legal hemp.” Previously, Texas law permitted hemp products containing up to 0.3% Delta-9 THC. SB-234 expands this definition to include all THC isomers – including Delta-8, Delta-10, and THC-O – effectively making the sale of nearly all hemp-derived intoxicating products illegal.

Here’s a breakdown of key provisions:

Total THC Calculation: The bill mandates that all THC content, nonetheless of isomer, be included in the calculation for legality. This means even products with low Delta-9 THC but higher concentrations of other isomers will be considered illegal.

Increased Penalties: Penalties for possessing or selling illegal THC products have been significantly increased, ranging from fines to potential jail time.

Enforcement Mechanisms: The bill allocates funding for increased law enforcement efforts to identify and prosecute violations.

Impact on Hemp Farmers: While the bill doesn’t directly ban hemp cultivation, the restrictions on THC content severely limit the market for hemp farmers, potentially leading to critically important economic losses.

Governor Abbott’s Stance and the Senate Override

governor Abbott had publicly voiced concerns about the bill, arguing that it could negatively impact the legitimate hemp industry and overreach state authority. He proposed amendments focusing on clarifying the definition of illegal THC and ensuring enforcement targets illicit actors rather than compliant businesses. However, the Senate overwhelmingly rejected these amendments, voting to override any potential veto. The Governor’s primary concern revolved around the potential for unintended consequences and the disruption of a growing agricultural sector.

The Rise of Hemp-Derived THC and the Legislative Response

The rapid proliferation of hemp-derived THC products, particularly Delta-8, fueled the legislative push for a ban. Proponents of SB-234 argue these products pose a public health risk, are marketed to minors, and circumvent the intent of existing cannabis laws. Concerns were raised about the lack of regulation and quality control in the hemp-derived THC market, leading to reports of adverse health effects.

Delta-8 THC: Became widely available after the 2018 Farm bill legalized hemp, often marketed as a “legal high.”

Delta-10 THC: Another THC isomer gaining popularity,known for its milder psychoactive effects.

THC-O Acetate: A synthetic cannabinoid with potentially stronger effects and limited research on its safety.

Economic Implications of the THC Ban

The economic impact of the ban is expected to be ample. Texas’s hemp-derived cannabinoid market was estimated to be worth hundreds of millions of dollars, supporting thousands of jobs.

retail Closures: Many retail stores specializing in hemp-derived THC products are likely to close.

Job Losses: the ban will result in significant job losses across the supply chain, from cultivation to retail.

Reduced Tax Revenue: The state will lose out on tax revenue generated by the industry.

* Impact on Hemp Farmers: Hemp farmers will face challenges finding buyers for their crops, potentially leading to financial ruin.

legal Challenges and Future Outlook

Legal challenges to SB-234 are anticipated. Industry stakeholders argue the ban violates the Commerce Clause of the U.S. Constitution and infringes on individual rights. several lawsuits are already being prepared, alleging the law is overly broad and unconstitutional. The future of THC regulation in Texas remains uncertain, with the possibility of further legislative action or court rulings. The debate highlights the ongoing tension between state and federal cannabis policies and the evolving legal landscape surrounding hemp-derived cannabinoids.

THC vs. CBD: Understanding the Differences

Many consumers confuse THC and CBD.Here’s a quick comparison:

| Feature | THC (Tetrahydrocannabinol) | CBD (Cannabidiol) |

|—|—|—|

| Psychoactive Effects | Yes, causes a “high” | No, non-intoxicating |

| Legality | Highly regulated, often illegal | Generally legal (