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Over the past few months, Texas has been in the spotlight for its debates over cannabis laws. The story has moved quickly, with bills being introduced, vetoed, and rewritten, leaving many Texans unsure about what’s actually happening.
To clear things up, let’s start by looking at what lawmakers originally proposed and why it stirred so much debate.
If you’ve been reading headlines about a “Texas THC ban,” it can sound like the state suddenly outlawed something that was legal before. But here’s the truth: THC has never been legal for recreational use in Texas.
So what are people actually talking about when they mention a “THC ban in Texas”?
In 2019, Texas legalized hemp after the federal Farm Bill. That law set the rule that hemp could have up to 0.3% delta-9 THC by dry weight. Once hemp became legal, products like CBD oils, CBG tinctures, and hemp gummies showed up in stores all across Texas.
A consequence was that some producers began making hemp-derived products (like delta-8, THCA, and certain hemp-based delta-9 items or vapes) that technically complied with the less than 0.3% delta-9 THC limit but could still cause intoxicating effects under some conditions.
So, the Senate Bill 3 (SB 3) was introduced. The idea was to close the loophole and stop intoxicating hemp products from being sold so openly. Supporters said labeling wasn’t reliable, testing was inconsistent, and minors could buy products with little restriction.
When lawmakers filed SB 3 in Texas earlier this year, it went way beyond closing the loophole on delta-8 or THC vapes. The bill stated that any consumable hemp product containing any amount of a cannabinoid other than CBD or CBG would be prohibited under SB 3. It would target the intoxicating products that concerned lawmakers, but also everyday hemp items like some full-spectrum CBD oils and gummies that contain small amounts of THC.
If SB 3 had become law, it would have pulled many hemp-derived products off shelves in Texas overnight. Retailers would have lost some product lines, especially those with hemp-derived cannabinoids, and some small shops warned they might face serious financial strain or closures depending on how enforcement played out. Farmers and manufacturers said the bill risked serious harm to the state’s hemp industry, which has expanded since 2019 under more permissive laws.
Here are the ways in which the proposed Texas hemp ban goes beyond what the Farm Bill requires:
Original Farm Bill / 2019 Texas Law: Products with less than or equal to 0.3% delta-9 THC allowed, even if some other cannabinoids are present.
Proposed / Attempted Texas Rule: Ban of any consumable hemp product with any detectable cannabinoid except CBD or CBG.
Original Farm Bill / 2019 Texas Law: More general control of farming and basic safety; no mass criminalization for minor sales under federal law.
Proposed / Attempted Texas Rule: Criminal penalties, licensing requirements, and tight sales and marketing restrictions, even for products that under Farm Bill terms are “legal hemp.”
Original Farm Bill / 2019 Texas Law: Less prescriptive labeling/marketing requirements.
Proposed / Attempted Texas Rule: Requirements for labeling, advertising, marketing to avoid child appeal, in some proposals, strict oversight.
The pushback came fast.
Business owners argued that Texans rely on hemp-derived products for wellness, stress relief, and better sleep, and those shouldn’t be taken away because of a loophole in the law. They supported tighter rules on testing and age limits, but warned that prohibition wasn’t the answer.
In June 2025, Governor Greg Abbott vetoed Senate Bill 3. In his statement, he said the bill went too far and raised constitutional concerns. Instead of wiping out the hemp industry, he made it clear that a smarter approach would be stronger regulation.
But the fight didn’t end there. In the special sessions, senators introduced Senate Bill 6 (SB 6), which mirrored SB 3 in many ways, proposing bans or criminal penalties for consumable hemp products containing any cannabinoid other than CBD or CBG. The Senate moved quickly, but once the bill reached the House, things slowed down. Lawmakers there never brought it up for a final vote.
Why not? For many representatives, the economic fallout was too big to ignore. Shutting down small shops, hurting farmers, and cutting jobs across Texas didn’t feel like the right move. Others believed that regulation and age restrictions would work better than an outright ban. By the time the session ended, the broad Texas hemp ban was off the table.
Even though the big bans failed, Texas didn’t leave hemp alone. Lawmakers and the governor took a narrower approach that still reshaped the industry.
The first big shift came with the Texas Vape Ban (SB 2024). It went into effect on September 1, 2025, and banned the sale and marketing of vapes or e-cigarettes containing any cannabinoids (including delta-8, THCA, hemp-derived delta-9, and even some CBD vapes).
For retailers, it was a sudden hit—entire vape product lines had to be pulled off shelves, and selling them is now a Class A misdemeanor. For consumers, the law doesn’t criminalize possession, but it does make buying cannabinoid vapes legally in Texas impossible.
On September 10, 2025, Governor Abbott issued Executive Order GA-56. Instead of targeting one product, the order directed state agencies (DSHS, TABC, DPS) to build stricter rules across the board. That includes:
*Many of these measures are now in rule making stages, so specifics are still being finalized.
No, it never was. Recreational marijuana is illegal, and the medical program only allows low-THC oils.
What’s legal right now:
What isn’t legal:
If you’re shopping for wellness products, you can still feel confident buying CBD oils, gummies, and tinctures in Texas. The key is to look for trusted brands that provide lab reports (Certificates of Analysis) showing their products meet the legal standards. Make sure the shop checks ID (21+) and that labels clearly state THC levels and testing sources—these rules are already being enforced. Avoid vapes and anything that doesn’t clearly state what’s inside or where it was tested.
Even though the regulations are tightening, hemp-derived CBD remains legal. Choosing transparent, compliant products and being aware of new labeling and age requirements—is the best way to stay on the safe side as Texas continues to refine its laws.
