Texas Legislature Fails to Ban or Further Regulate Hemp-Derived THC Products

Austin, Texas — The Texas Legislature adjourned its second special session on September 3, 2025, without passing new restrictions on hemp-derived THC products, including popular consumables like gummies and beverages. Senate Bill 6, which would have broadly banned hemp products containing any “detectable amount of any cannabinoid” except for non-psychoactive compounds like CBD and CBG, stalled in the House and ultimately did not advance.

Key Developments:

• No consensus reached: Lt. Gov. Dan Patrick confirmed that he, Gov. Greg Abbott, and House Speaker Dustin Burrows were unable to agree on a compromise to regulate or ban THC products before adjournment.

• Status quo maintained: With SB 6 dead on arrival, most consumable hemp-derived products remain legal in Texas. This includes products without any age restrictions for purchase, such as THC gummies, drinkables, and flower.

• Vape sales already curtailed: A separate law—Senate Bill 2024—went into effect on September 1, banning the sale and marketing (but not possession) of THC vape pens. Violators can face up to one year in jail and/or a $4,000 fine.

Context and Reactions:

• Ongoing political divide: Governor Abbott vetoed an earlier wholesale THC ban (SB 3) in June, calling instead for regulation. Senate leaders, including Lt. Gov. Patrick, continued pushing for outright prohibition, leading to repeated legislative clashes.

• Industry and consumer response: Hemp industry leaders voiced relief over the failure to pass a sweeping ban. “This ban is wildly unpopular,” said Cynthia Cabrera of the Texas Hemp Business Council. Farmers echoed frustration over the legislative uncertainty and its impact on their operations.

With no new regulations enacted, Texas’ consumable hemp industry continues operating under existing standards, though enforcement remains challenging. It is unclear whether Governor Abbott will call a third special session to address the issue or shift focus to a more regulatory approach.