Texas Lawmakers Introduce Matching House Bill to Ban Hemp THC, Though Governor Pushes Regulation

A new House companion bill to SB 5 has been filed—mirroring a Senate proposal that would ban any hemp consumables containing THC, while Governor Abbott continues backing a regulatory approach instead.

House moves to match the Senate

Representative Gary VanDeaver filed House Bill 5, identical to Senate Bill 5, the Senate-sponsored measure seeking to outlaw consumable hemp products with detectable THC—including Delta‑8 and Delta‑10—while allowing only CBD and CBG products. Violators could face Class C misdemeanors for possession and third-degree felonies for manufacturing or distributing these products. Sales to persons under 21 would carry Class A misdemeanor penalties  .

Governor Abbott renews regulatory stance

Abbott vetoed a previous statewide ban (SB 3) in June and continues to advocate for regulations—not prohibition—on hemp THC products. He supports limits such as 3 mg THC per serving, age restrictions, warning labels, testing standards, and oversight similar to alcohol rules  .

Senate bill advancing amid debate

Senate Bill 5 passed unanimously out of committee and is headed to a floor vote. Lt. Gov. Dan Patrick—author of the bill—argues regulation is ineffective without full bans, emphasizing the need to protect minors from psychoactive hemp products  .

Grassroots backlash and public testimony

At a Bryan town hall, representatives from Texas A&M, veterans groups, and hemp retailers voiced concerns. A Marine Corps veteran underscored hemp’s role in pain relief, and small business owners cautioned that the ban could cripple legitimate operations. They called for sensible rules instead of blanket prohibition  .

Policy crossroads: ban versus regulate

Texas is at a turning point: some lawmakers press for a full ban to close the 2018 Farm Bill loophole, while others—including the governor and reform advocates—push for targeted regulations to preserve the hemp economy without exposing consumers to harm.