A sweeping legislative measure that would significantly curtail the availability of hemp-derived intoxicating products across Texas has cleared its final legislative hurdle and now awaits the signature of Governor Greg Abbott.
On May 26, 2025, the Texas Senate cast a decisive vote of 25–6 to concur with amendments previously adopted by the House of Representatives, effectively sending Senate Bill 3 (SB3) to the Governor’s desk. This legislative action marks a pivotal moment in the state’s complex relationship with cannabis and its derivatives, following years where products like delta-8 THC and THCA operated in a legal gray area.
Understanding the Scope of Senate Bill 3
The core objective of SB3 is to outlaw the manufacture, sale, and possession of hemp-derived products deemed to be intoxicating. Specifically targeting compounds such as delta-8 and THCA, which have gained popularity for their psychoactive effects, the bill aims to draw a clearer line between non-intoxicating hemp products and those that mimic the effects of traditional marijuana.
The legislation also imposes tighter restrictions on non-intoxicating products like CBD and CBG, suggesting an intent for increased regulatory oversight across the entire hemp product market in Texas.
According to Rep. Tom Oliverson (R-Cypress), who championed the bill in the House, the fundamental intent behind SB3 is precisely “to ban products that cause intoxication.” This legislative stance reflects concerns among some lawmakers regarding public safety and the potential for these widely available products to be misused or to fall into the hands of minors.
Exclusions and the Texas Compassionate Use Program
Crucially, the ban stipulated by SB3 would not apply to individuals legally obtaining medical marijuana through the established Texas Compassionate Use Program (TCUP). TCUP, initially very restrictive, allows registered patients with specific qualifying conditions access to low-THC cannabis products.
In a related development, and passed alongside the hemp ban measure, an agreement was reached on May 25 between Lt. Gov. Dan Patrick and Rep. Oliverson to expand the TCUP. This significant compromise will broaden patient access by adding chronic pain, terminal illness, and hospice care as qualifying conditions for participation in the program. This expansion represents a notable shift in Texas’s approach to medical cannabis access.
Legislative Process and Concurrent Measures
SB3’s passage through the legislature involved navigating both chambers, culminating in the Senate’s concurrence vote on May 26, 2025, on the version of the bill amended by the House. The significant margin in the Senate vote (25-6) underscores broad legislative support for restricting intoxicating hemp products.
The legislative session saw action on various fronts. Alongside SB3, another notable piece of legislation, Senate Bill 10 (SB10), also received final approval from the Texas House on May 25 in an 82–46 vote. SB10, which requires the display of the Ten Commandments in K-12 classrooms, is also expected to be signed by Governor Abbott after it returns to the Senate for a final procedural vote concerning a provision regarding legal costs associated with potential challenges.
Both measures, though distinct in their subject matter, highlight the legislative priorities and activities during this period of the Texas legislative session, with SB3 representing a major regulatory overhaul for the state’s burgeoning hemp industry.
What Comes Next
With SB3 now on Governor Greg Abbott’s desk, the fate of the hemp-derived THC market in Texas rests on his decision. Should the Governor sign the bill, Texas would join a growing number of states that have moved to ban or severely restrict intoxicating hemp products like delta-8 and THCA, citing concerns over unregulated substances and public health. The expansion of the Texas Compassionate Use Program, however, signals a parallel, albeit limited, effort to increase legal access for medical patients under strict state control.
