The forthcoming Texas Senate Bill 3 (SB 3) can ban the sale of all THC (Tetrahydrocannabinol) products in the state. The proposed ban may extend to consumable items with low levels of THC.
If passed, this new bill will impact both retail businesses and customers, including all that rely on hemp products to deal with pain and other medical issues. This may also ban the sale of consumables that align with the standards set by the 2018 Farm Bill.
The new legislation was proposed by Lt. Governor Dan Patrick in the 89th Texas legislative session that commenced Tuesday, January 14, 2025. The full text of the bill is yet to be made available. Still, Governor Patrick’s office has released a statement highlighting the retailers’ exploitation of the amended Agriculture Code and the threats posed by the sale of potentially life-threatening consumable items with unregulated levels of THC.
The proposed ban on THC products fundamentally aims to deal with the hazardous and unregulated sale of THC consumables currently accessible to the general public. Under the existing legislation on hemp production and regulation, industrial hemp can not contain more than 0.3 per cent THC. These guidelines were established by the 2019 House Bill (HB) 1325.
There is, however, a significant lack of regulation for THC products in the state. The market is filled with consumables such as hemp drinks, vape pens and gummies that contain 3 – 4 times the levels of THC found in illegal marijuana. But with SB 3 in effect, even products that contain the minimal standard THC content are set to become prohibited.
According to the Consumable Hemp Program launched by the Texas Department of State Health Services (DSHS) in 2020, retailers in the state are required to register for a one-year license with the DSHS.
As per SSHS records, there are approximately 8000 registered hemp retailers in Texas, each paying $155 per retail outlet. Banning the sale of THC products will have a huge financial impact on these businesses.
Many, including Blake Coe, the Ambassador of Students for Sensible Drug Policy feel a complete ban is far from being a viable solution. Such a move will only drive the consumers towards the black market to procure unsafe THC products that offer no reliable information about their THC content.
Eric Martinez, the executive director of Mano Amiga Action shares Coe’s opinion on the matter. He suggests the legislation should push for more transparency in the manner the products are sold instead of an outright ban.
“There could be more packaging with clearer signifiers or identifiers for THC and hemp-derived products”, he stated. In addition, there needs to be a conscious effort to educate consumers about the effects of different THC products.
Texas isn’t the first state to identify the inherent risk posed by the sale of THC products. In the recent past, many other states, including Georgia, California, Oregon and Wyoming have either enacted or already passed new legislation for different hemp-related products. If enacted, SB3 will come into effect from September 1, 2025.