Texas is on the verge of dramatically shifting its stance on cannabis-related products. Senate Bill 3 (SB 3), which bans the sale and possession of consumable THC products—including those derived from federally legal hemp—has now passed both chambers of the Texas Legislature. All eyes are now on Governor Greg Abbott, whose signature would make the ban official starting September 1, 2025.

🔍 What Does SB 3 Do?

SB 3 targets all intoxicating variants of tetrahydrocannabinol (THC), whether they come from marijuana or industrial hemp. This includes popular compounds like delta-8, delta-9, and delta-10 THC, which have been widely sold across Texas since hemp was legalized in 2019.

Importantly, the bill does not ban non-psychoactive cannabinoids like CBD (cannabidiol) or CBG (cannabigerol)—those will remain legal under state law.

Possessing or selling banned THC products under SB 3 would be considered a Class A misdemeanor, punishable by up to 12 months in jail and/or a $4,000 fine.

🗣️ Who Supports It—and Who Doesn’t?

Lieutenant Governor Dan Patrick has been one of the strongest supporters of the bill, citing concerns about underage access, unregulated potency, and misleading marketing practices that he claims target children. He and other backers argue the state must take urgent action to protect public health.

Opponents, however, warn the consequences could be severe:

  • Hemp industry leaders say the law could destroy a booming sector that employs tens of thousands of Texans and generates billions in economic activity.

  • Patients and veterans who rely on hemp-derived THC for pain, anxiety, and seizure control fear losing access to safer alternatives to opioids and prescription drugs.

  • Retailers and small businesses have described the legislation as a death knell that will lead to mass closures and job losses.

⚖️ Effect on Possession of Marihuana Charges

The Texas Hemp Farm Bill, officially known as House Bill 1325, was signed into law by Governor Greg Abbott on June 10, 2019.  The bill defined hemp as the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.  This definition made it very hard for prosecutors to prove that a person possessed marihuana when the tests to determine THC concentration were extremely rare and expensive–not something that most prosecutor offices would pay for. 

Many possession of marihuana misdemeanor cases were dismissed or reduced to class c possession of drug paraphernalia.  If SB 3 become law, it may be once again very easy to charge people with possession of low amounts of marihuana.  SB 3 would make it a Class A misdemeanor to possess a consumable hemp product with any amount of THC — double the existing penalty for possessing up to 2 ounces of marihuana. 

⚖️ What Happens Next?

Governor Abbott has yet to confirm whether he will sign SB 3 into law. If he does, the law will go into effect this fall. Legal challenges are expected: several advocacy groups and business coalitions have hinted at plans to sue the state on constitutional and economic grounds.  You are free to reach out to Governor Abbott to express your thoughts on whether SB 3 should be signed into law.

In the meantime, consumers and store owners alike are left in limbo, uncertain whether the products on their shelves will soon be illegal, depending on whether Governor Abbott signs SB 3 into law.