Looking back: how Texas went from a hemp THC ban bill to regulation

Over the past two years, Texas hemp THC products went from facing a statewide ban to operating under a set of state rules, and now face a federal deadline. This post walks through that sequence in order, with a source for each step. For the current state of the law, see where the law stands and our FAQ.

How Texas got here

Texas’s consumable hemp market traces back to 2019, when the Legislature passed and Gov. Greg Abbott signed HB 1325 (Duane Morris; Texas Tribune).

SB 3 passes the Legislature

In the 2025 regular session, Senate Bill 3 proposed to ban most consumable hemp THC products. The Senate passed it on March 19, 2025, the House passed an amended version on May 22, 2025, and it was sent to the governor on May 27, 2025 (Texas Legislature Online).

The veto

Gov. Abbott vetoed SB 3 on June 22, 2025 (Texas Legislature Online). Hemp THC products that met existing law stayed on the market (Texas Cannabis Coalition).

Two special sessions

Hemp returned in the special sessions that followed. In the first, the Senate passed Senate Bill 5, which the Texas Tribune described as essentially a revival of SB 3 (Texas Tribune). In both sessions the Senate passed a ban and the House did not. The second special session ended early in September 2025 with Senate Bill 6 left behind, and with no ban and no new hemp regulation passed (Texas Tribune; HPPR; Texas Cannabis Coalition).

Regulation through executive action and agency rules

On Sept. 10, 2025, Executive Order GA-56 directed state agencies to tighten hemp regulation and enforcement (Texas Cannabis Coalition). The rules followed:

• Oct. 2, 2025: DSHS adopted emergency rules requiring buyers to be 21 or older, with an ID check (DSHS).
• January 2026: TABC finalized rules for its licensees, who may not sell, serve or deliver hemp products to anyone under 21 and must check ID; a separate DSHS license is still required (Texas Tribune; TABC).
• March 31, 2026: permanent DSHS rules on testing, labeling, packaging and licensing took effect (DSHS).
• July 31, 2026: delta-8 scheduling was reinstated after the Texas Supreme Court’s May 2026 ruling in DSHS v. Sky Marketing. Delta-9 hemp products within the 0.3% limit remain legal under Texas law (Foley Hoag).

The federal change, as it affects Texas

Separately, Congress redefined hemp in a late-2025 federal appropriations law (H.R. 5371, section 781; P.L. 119-37). It measures hemp on a total-THC basis, caps finished products at 0.4 mg of total THC per container, and excludes synthesized cannabinoids (Regulatory Oversight). H.R. 6500, signed Sept. 2, 2026, moved the effective date to Dec. 11, 2026; the synthetic-cannabinoid exclusion still takes effect Nov. 12, 2026 (Foley Hoag). Because the federal definition applies nationwide, the cap would affect Texas products unless Congress acts. More in what the federal change means for Texas.

Where things stand

Today, hemp THC products that meet Texas rules are legal for adults 21 and over with an ID check. The open questions are the Dec. 11 federal date, ongoing litigation, and the 2027 Texas legislative session, where lawmakers are expected to take up hemp again (Texas Hemp Business Council; Foley Hoag).

A note of thanks

The Lone Star Hemp Coalition thanks Governor Greg Abbott for his June 22, 2025 veto of SB 3, which kept the Texas hemp industry alive and allowed Texas to move toward regulation instead of a ban.