Did Texas lawmakers finally find a way to ban THC without hurting CBD users?
In a major legislative push during a special session, the Texas Senate has once again passed a bill that would ban most THC products across the state—marking the second attempt this year to outlaw the psychoactive cannabis compound. But this time, lawmakers say they’ve fine-tuned the measure to address the criticisms that led Governor Greg Abbott to veto an earlier version.
The newly passed Senate Bill 5, spearheaded by Sen. Charles Perry (R-Lubbock), would effectively ban THC-laced items like gummies and vapes, which had flooded the market through a legal loophole. However, the legislation carves out legal room for CBD and CBG, non-psychoactive cannabinoids that have become staples in wellness shops across the state.
Under the bill, Texans over the age of 21 could continue purchasing CBD and CBG products, but any retail sales of THC-containing substances outside of the state’s medical marijuana program (TCUP) would be illegal.
Why was the original THC ban vetoed—and what changed?
Governor Abbott vetoed a similar bill during the regular session earlier this year, warning that it would harm veterans and hemp farmers. Critics argued that the measure lacked nuance, especially for Texans who rely on THC for medical relief, such as those with PTSD.
Senator Perry responded by fine-tuning SB 5 to preserve access for medical marijuana users under TCUP while still cracking down on the retail sale of recreational or synthetic THC. The bill keeps hemp cultivation legal, a key point for Texas farmers, and focuses on regulating the retail space instead.
“This is not a war on hemp, it’s a clarification of where the line should be drawn,” Perry said during Senate debate.
Despite improvements, the bill still sparked pushback. Senator José Menéndez raised concerns that the state’s medical marijuana infrastructure is too underdeveloped to meet demand. He noted that many TCUP dispensaries may not be operational until 2028, leaving a gap for patients in need.
“We’re not where we need to be yet,” Menéndez said, adding that retail bans could push desperate users into the black market.
