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Texas Lawmakers Launch Special Session to Tackle Hemp-Derived THC Regulation

by Texas Recap Contributor

Texas lawmakers began a 30-day special session on July 21, 2025, with a sharp focus on crafting new regulations for hemp-derived THC products. The move comes after Governor Greg Abbott vetoed Senate Bill 3 on June 22, a measure that would have enacted a sweeping ban on nearly all consumable hemp items containing THC. Instead of supporting an outright ban, Abbott has directed legislators to draft a detailed regulatory framework akin to alcohol laws—one that allows adult access, ensures public safety, and creates a strong enforcement mechanism.

In his veto message, Abbott underscored the need for swift, effective regulations rather than a prohibition likely to face extended legal battles. He cited Arkansas as an example, where similar bans have become entangled in litigation, resulting in regulatory uncertainty. The governor’s new approach calls for defined potency limits, strict age verification for buyers, comprehensive labeling and packaging rules, and targeted restrictions on synthetic cannabinoids like delta-8 and delta-10 THC. He also proposed establishing a licensing system for retailers and providing funds to support local enforcement.

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The initiative has stirred a divide among Texas political leaders. Lieutenant Governor Dan Patrick remains firmly against any legal THC product, arguing that even limited regulation paves the way toward recreational marijuana. He contends that law enforcement agencies favor an all-out ban, adding to the growing political pressure on legislators.

Multiple bills introduced at the session reflect the ongoing ideological split. Representative Charlene Ward Johnson’s HB 160 focuses on labeling, mandating prominent health warnings on THC-containing products to inform consumers of risks such as anxiety, psychosis, and developmental harm in minors. Senator Charles Perry’s SB 5 aligns more closely with the vetoed SB 3, recommending a near-total ban on any cannabinoid aside from CBD and CBG. With these competing visions, lawmakers face the challenge of either adopting Abbott’s regulatory middle ground or yielding to Patrick’s prohibitionist model.

The Texas hemp industry has been vocal in defense of moderate reform. The Texas Hemp Business Council, led by Mark Bordas, is advocating for a balanced regulatory framework that includes potency limits, mandatory testing, and age restrictions, while preserving consumer access and supporting local economies. Bordas emphasized the importance of local authority in regulating retail sales and packaging, similar to alcohol sales.

An editorial from the San Antonio Express-News echoed these sentiments, praising Abbott’s veto and warning that prohibition would push consumers into unregulated markets. It also pointed to the dangers of undermining veterans and chronic pain patients who depend on hemp-derived THC products, particularly given Texas’s limited medical marijuana access.

The hemp and THC sector is no small player in the state’s economy. It supports an estimated 50,000 to 53,000 jobs across roughly 8,000 businesses and generates billions in revenue annually. Advocates argue that products containing hemp-derived THC offer relief for conditions such as PTSD, anxiety, and chronic pain—often serving as the only legal alternative for patients who don’t qualify under Texas’s narrow Compassionate Use Program.

Public safety has become a key concern in the legislative debate. Gov. Abbott’s proclamation specifically called for penalties for businesses that sell THC products to individuals under 21. At present, many retailers still permit sales to those as young as 18. HB 160 seeks to close that gap with detailed label warnings and safeguards against child-targeted marketing, such as brightly colored packaging or gummy formats.

Although the special session includes other significant items—such as proposals on flood warning systems, education reform, and political redistricting—THC regulation is receiving outsized attention. Hemp-derived products appear twice in Abbott’s 18-item agenda, underscoring the urgency of the issue in the governor’s eyes.

With the session expected to run through August 19 unless adjourned earlier, the coming weeks will be pivotal. Legislators must balance public health, consumer protection, economic interests, and political ideologies as they determine the future of THC regulation in Texas. The outcome may not only reshape the local cannabis landscape but also serve as a policy model—or cautionary tale—for other states grappling with similar issues.

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