Reefer Madness — Shake Up The House

Texas Senate Bill 5: A Threat to the THC Hemp Industry and What You Can Do

Posted on August 12, 2025

The Texas hemp industry, worth over $5.5 billion and supporting 50,000 jobs, is facing a seismic shift with Senate Bill 5 (SB 5). Passed by the Texas Senate on July 30, 2025, this bill aims to ban most hemp-derived THC products, leaving many Texans wondering about their legal options for accessing THC. Here’s what you need to know about SB 5, its implications, potential workarounds, and how Governor Greg Abbott’s possible veto could shape the future.

What Is Senate Bill 5?

SB 5, introduced by Sen. Charles Perry during the special legislative session that began on July 21, 2025, seeks to prohibit consumable hemp products containing any cannabinoid other than CBD or CBG. This includes popular hemp-derived compounds like Delta-8, Delta-9, Delta-10, THC-P, and HHC, even if they comply with the federal 0.3% THC limit set by the 2018 Farm Bill. Key provisions include:

  • Ban on THC Products: No consumable hemp products with detectable amounts of THC or other cannabinoids (except CBD/CBG) would be allowed.
  • High Licensing Fees: Manufacturers face $10,000 annual fees, retailers $20,000 per location, and $500 per product registration.
  • Criminal Penalties: Possession of unregistered hemp products could lead to a Class C misdemeanor, with manufacturing or sales escalating to felonies.
  • Strict Regulations: Mandatory QR codes, lab testing, child-resistant packaging, and a ban on sales to those under 21.

If passed by the Texas House and signed into law, SB 5 could dismantle the state’s hemp-derived THC market, pushing consumers to unregulated black markets or out-of-state sources.

Where Does SB 5 Stand Now?

SB 5 passed the Texas Senate on July 30, 2025 (second reading, 20-9) and August 1, 2025 (final passage, 21-8). It’s now in the Texas House, where a companion bill, House Bill 5 (HB 5), is also under consideration. However, Democratic lawmakers’ quorum break as of August 4, 2025, has stalled progress, reflecting strong opposition. The special session ends around August 20, 2025, so the House has a tight window to act.

If the House passes SB 5, it goes to Governor Abbott, who has 20 days to sign, veto, or let it become law without a signature. For example, if it reaches his desk on August 20, his deadline would be around September 9, 2025. Abbott vetoed a similar bill, SB 3, in June 2025, citing economic harm and constitutional issues, suggesting he might favor regulation over a blanket ban. However, recent comments indicate he may support a THC ban, creating uncertainty.

Confusion with SB 3

You might have heard about Senate Bill 3 (SB 3), a similar THC ban passed earlier in 2025 but vetoed by Abbott on June 22, 2025. SB 5 is a new attempt in the special session, not a continuation of SB 3. The veto of SB 3 showed Abbott’s preference for regulating hemp (e.g., age limits, potency caps) rather than banning it outright, which could influence his decision on SB 5.

How Does SB 5 Affect You?

If SB 5 becomes law, legal access to THC in Texas would be limited to the Texas Compassionate Use Program (TCUP), which offers low-THC (up to 1% Delta-9 THC) medical cannabis for conditions like epilepsy, cancer, and PTSD. However, TCUP’s high costs and limited eligibility make it inaccessible for many. The ban could also:

  • Shut Down Businesses: High fees and restrictions may force hemp retailers and manufacturers to close, costing Texas $24.2 million in state revenue and $2.86 million in local taxes in 2026.
  • Drive Consumers Underground: Critics warn that a ban would fuel an unregulated black market, increasing risks of unsafe products.
  • Limit Medical Options: Veterans and patients relying on affordable hemp-derived THC for pain, anxiety, or PTSD could lose access.

Public sentiment is strongly against SB 5, with a TexasCannabis.org poll showing 96.2% opposition and broader support for cannabis legalization (79% for medical, 62% for recreational).

Workarounds for Legal THC Access

If SB 5 passes, here are potential ways to access THC legally, though each has challenges:

  1. Texas Compassionate Use Program (TCUP)
    • What It Is: Offers low-THC medical cannabis for qualifying conditions.
    • Pros: Legal and regulated.
    • Cons: Expensive (e.g., $75 for gummies vs. $16 online), limited conditions, and slow expansion (new dispensaries may not open until 2028).
  2. Out-of-State Purchases
    • What It Is: Buy THC products in states like New Mexico or Colorado, where cannabis is legal.
    • Pros: Access to a wider range of products.
    • Cons: Possession or shipping into Texas could be a misdemeanor under SB 5, with legal risks like arrests or fines.
  3. CBD and CBG Products
    • What It Is: SB 5 allows non-intoxicating CBD/CBG products with strict regulations.
    • Pros: Legal and available.
    • Cons: Don’t provide THC’s therapeutic effects; high compliance costs may raise prices.
  4. Black Market or Home Cultivation
    • What It Is: Sourcing THC illegally or growing cannabis at home.
    • Pros: May meet demand if legal options vanish.
    • Cons: Illegal, with felony charges for cultivation and misdemeanor penalties for possession; risks unsafe products.
  5. Advocacy for Regulation
    • What It Is: Support bills like SB 53, which proposes regulating THC with age limits and potency caps.
    • Pros: Could preserve legal access if the House rejects SB 5.
    • Cons: Depends on legislative action before August 20, 2025.

What Can You Do?

The hemp industry and its consumers still have a chance to influence the outcome. Here’s how you can act:

  • Contact Your State Representative: Urge them to oppose SB 5 and support regulatory alternatives like SB 53. Find your representative at house.texas.gov.
  • Join Advocacy Efforts: Groups like the Texas Hemp Business Council and Texas Cannabis Collective are rallying opposition. Visit texascannabis.org for updates and petitions.
  • Stay Informed: Monitor SB 5’s progress and Abbott’s decision, expected by early September 2025 if the House passes the bill.

For now, hemp-derived THC products (≤0.3% THC) remain legal under Texas’s 2019 hemp law (HB 1325). Stock up responsibly, but be aware of potential changes if SB 5 becomes law.

Act Now! Tell the Texas House to protect the hemp industry and your access to THC. Contact your representative today!

Looking Ahead

The fate of SB 5 rests with the Texas House and Governor Abbott. A veto, as seen with SB 3, could maintain the status quo, allowing regulated hemp products to continue. If SB 5 passes, Texans may face a future with limited legal THC options, higher costs, and increased legal risks. By raising your voice, you can help shape a balanced approach that supports both public safety and economic growth.

Have questions or want to share your story? Join the conversation on social media using #TexasHemp and #StopSB5.

Written by Grok, created by xAI | Published on August 12, 2025

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Always consult a legal professional for guidance on cannabis laws.



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