Senate Bill 3 would ban the possession, sale and manufacture of all products containing hemp-derived tetrahydrocannabinol, or THC, a psychoactive substance. The bill includes exceptions for the state’s low-THC medical cannabis program, which House lawmakers are working to expand.
Retailers would be allowed to continue selling nonintoxicating hemp products that do not contain THC, including CBD and CBG, under SB 3.
State senators approved the ban in March. SB 3 initially passed the House in a 95-44 vote late May 21, with one more procedural vote required before the bill can return to the Senate.
During a May 22 floor session, House members postponed that final vote until at least 6 p.m.
The overview
Proponents of the measure said it would close a “loophole” state lawmakers inadvertently created in 2019, when they legalized hemp sales in an attempt to boost the agricultural industry.
On the House floor May 21, Rep. Tom Oliverson, R-Cypress, said SB 3 “restores the original intent of our state's hemp laws and closes a dangerous loophole that has been exploited at the expense of public health and safety.”
“Let's be clear, no social good comes from the legalization of intoxicants,” Oliverson said. “We are not banning hemp—we are banning high. If it gets you high, it is not legal anymore.”
Texans would face up to a year in jail for possessing banned THC products under SB 3, and two to 10 years in jail for selling or manufacturing them. This is higher than the state penalty for possessing up to 2 ounces of marijuana, which is punishable by up to 180 days in jail.
House lawmakers were originally considering tightening restrictions on THC products in lieu of the outright ban favored by state senators. Rep. Ken King, R-Canadian, brought to the floor legislation that would ban synthetic hemp products and hemp vapes, while allowing stores to continue offering certain items, including edibles and tinctures.
“A complete ban would maintain the status quo, just putting more [THC] on the streets, unregulated,” King said May 21.
Oliverson proposed an amendment that reverted SB 3 to a full ban, which is nearly identical to what the Senate passed in March. Oliverson’s amendment was approved in an 86-53 vote May 21, after lawmakers debated the merits of regulating or banning THC for over two hours.
“As a physician, I cannot in good conscience support a system where Texans self-medicate with unregulated, inconsistent and highly potent intoxicants,” Oliverson said on the House floor. “This substitute ... draws a bright, enforceable line with no wiggle room.”
Put in perspective
A 2025 study by Whitney Economics, a cannabis and hemp research firm, found that Texas’ hemp industry generates about $5.5 billion in annual revenue. The industry employed about 53,000 Texas workers in 2025, according to the report.
“A ban on hemp-derived THC will send a clear and resounding message that Texas is not open to innovation,” Rep. Ron Reynolds, D-Missouri City, said May 21. “It risks stifling an industry with incredible potential growth in our home state.”
Estimates from the nonpartisan Legislative Budget Board show that the state would lose about $27 million by 2027—money that could be used to “fund our schools and infrastructure,” Reynolds said.
Following the initial House vote, THC retailers and advocacy groups urged Gov. Greg Abbott to veto SB 3 if it reaches his desk. The governor has not publicly commented on the legislation.
Lukas Gilkey, the CEO of Austin-based THC and CBD retailer Hometown Hero, said he intended to file a lawsuit against SB 3 in a May 21 social media post.
More details
On the House floor May 21, Rep. Tony Tinderholt, R-Arlington, said lawmakers who voted against Oliverson’s amendment would be “essentially voting to legalize marijuana in the state of Texas,” because THC is the main active ingredient in marijuana, also known as cannabis.
Texas is one of 23 U.S. states that does not allow its residents to use marijuana for nonmedical purposes, according to the U.S. Centers for Disease Control and Prevention.
In a tearful speech on the House floor, Rep. Terri Leo Wilson, R-Galveston, said her daughter nearly died several years ago after becoming addicted to THC products, which she used for anxiety.
“She weighed 85 pounds; her hair was falling out. ... THC is not just a little thing,” Leo Wilson said. “This is killing kids, it really is. We watched her almost die.”
Leo Wilson said Texas should expand the state’s Compassionate Use Program alongside the proposed THC ban. Under the program, doctors can prescribe patients low-THC cannabis to treat conditions such as epilepsy, cancer and post-traumatic stress disorder.
Earlier in May, House lawmakers approved House Bill 46, which would expand access to the program by nearly doubling the number of conditions eligible, expanding the number of licensed medical cannabis dispensaries in Texas and allowing doctors to prescribe more types of products.
That bill passed with bipartisan support, although some Democrats said May 21 that the program alone was not enough.
“If the TCUP program was enough, was actually a viable program that actually did what it's supposed to do, and it wasn't a very limited program, there would be no clamor for [THC],” Rep. Gene Wu, D-Houston, said on the House floor. “But we know that the TCUP program, even expanded, does not serve everyone.”
HB 46 was discussed during a Senate committee hearing May 19, although it had not been sent to the Senate floor for a vote as of press time. Patrick, who leads the Senate, said he was “in full support” of legislation expanding the medical cannabis program in a May 21 social media post.
“You better believe I'm going to be fighting for that on the other side,” Oliverson said of HB 46, including a provision that would add chronic pain as a condition covered under the program.
One more thing
Several House lawmakers said May 21 that banning intoxicating THC products would harm some veterans, who they said use THC to treat PTSD, anxiety, chronic pain and other conditions.
“These veterans ... beg for the opportunity to have access to cannabis, THC and things other than opioids and narcotics to heal their ills,” Rep. Josey Garcia, D-San Antonio, said. “These are people who have really sacrificed life and limb for their country.”
Garcia is a U.S. Air Force veteran who represents people living on Joint Base San Antonio, the nation’s largest joint military base.
Rep. David Lowe, R-North Richland Hills, an Army veteran, said he did not think THC was the safest option for veterans.
“There are benefits from hemp products for some individuals, but as someone who has lived through the darkness of war and its aftermath, I say this sincerely: stop using veterans like me as a vehicle to push your unregulated hemp products,” Lowe said May 21.
HB 46 also seeks to expand veterans’ access to low-THC cannabis by giving doctors the option to prescribe products to veterans with any medical condition that they believe “would benefit from medical use,” according to the bill.
