Texas Lawmaker Files Bill to Shield Consumers Who Unknowingly Purchase THC-Heavy Products Marketed as Legal Hemp

As Texas prepares for a special legislative session scheduled to begin next week, a new bill has been prefiled that could have major implications for consumers of hemp-derived products in the state. The measure, House Bill 42 (HB 42), introduced by Rep. Nicole Collier, seeks to protect individuals from criminal charges if they unknowingly purchase a cannabis product labeled as legal hemp, only to later discover it contains THC levels exceeding legal limits.

This development comes amid heightened tensions and policy debates surrounding the regulation of consumable hemp products, many of which have flooded the Texas market in recent years.

The Proposal: Legal Protection for Reasonable Consumer Mistakes

The central aim of HB 42 is to prevent the prosecution of individuals who purchase hemp-labeled items from what they reasonably believe to be authorized retailers, even if those products are later found to contain unlawful levels of THC. This could potentially shield thousands of Texans from criminal penalties tied to misleading or inaccurately labeled cannabis products.

The bill is especially significant in a regulatory environment where the differences between legal hemp and illegal marijuana both derived from the same plant—can hinge on minor chemical variations. Under current Texas law, consumable hemp is legal only if it contains no more than 0.3 percent Delta-9 THC on a dry weight basis. If a product exceeds that limit, it is classified as marijuana and illegal under state law.

HB 42 would establish a framework where intent and reasonable consumer belief play a role in enforcement outcomes. It emphasizes that buyers should not face criminal charges simply because they unknowingly purchased mislabeled or misrepresented items from seemingly legitimate vendors.

Special Session Will Address Broader Hemp Regulations

Governor Greg Abbott recently vetoed Senate Bill 3 (SB 3), a controversial measure that would have implemented sweeping restrictions—effectively banning most consumable hemp products with any detectable THC. Abbott’s veto was accompanied by a call for lawmakers to return to the issue, with a special legislative session scheduled to begin Monday.

Two hemp-related items are included among the 18 topics the governor has asked lawmakers to address. One focuses on restricting access to THC-containing products by minors. The other calls for comprehensive regulation of hemp-derived products, including potency limits, bans on synthetically altered compounds, and stronger enforcement structures.

HB 42, while not directly addressing either agenda item, aligns with Abbott’s stated goal of creating a rational, enforceable system that regulates hemp in a manner similar to alcohol. The proposal reinforces the idea that policy should be focused on regulation and consumer safety rather than broad prohibition.

Legal Landscape in Flux Following Veto of Statewide Hemp Ban

The prefiling of HB 42 comes at a time of significant legal uncertainty for Texas’s hemp industry. Following the 2018 federal Farm Bill, which legalized hemp production across the United States, Texas passed its own legislation in 2019 allowing the sale and distribution of consumable hemp products. Since then, the market has exploded, with over 8,000 retailers now selling everything from edibles and drinks to vape cartridges and dried flower.

However, this rapid expansion has drawn criticism from some state leaders who argue that the industry is under-regulated, potentially dangerous, and attractive to underage users. In response to these concerns, SB 3 was introduced earlier this year, aiming to prohibit nearly all hemp-derived THC products. The bill passed both legislative chambers but was ultimately vetoed by Abbott, who cited legal vulnerabilities and enforcement delays as reasons for his decision.

The governor’s veto came after a substantial lobbying effort from stakeholders in the hemp industry, including business owners, farmers, veterans’ groups, and civil liberties organizations. These groups warned that a total ban would destroy an industry that supports more than 50,000 jobs in Texas and generates significant tax revenue.

Abbott’s Framework for Regulating Hemp Emphasizes Strict Oversight Without Prohibition

In his veto message, Abbott proposed a detailed regulatory framework that he believes would better serve both public safety and economic interests. His recommendations include criminal penalties for selling to minors, restrictions on proximity to schools and parks, child-resistant packaging, mandatory testing at every production stage, and retailer permits with age verification requirements.

He also called for product labeling standards, consumption restrictions in public spaces and vehicles, excise taxes to fund enforcement, and penalties for fraudulent marketing practices. Abbott emphasized that the goal should be a system that is both strict and legally defensible, one that can be implemented immediately without prolonged litigation.

The inclusion of HB 42 in the lead-up to the special session reflects a broader effort to shift the conversation away from prohibition and toward smart regulation. It underscores the need for laws that protect well-meaning consumers who are navigating an increasingly complex and loosely regulated marketplace.

Industry Concerns Remain High as Legal and Regulatory Future Hangs in the Balance

Despite the veto of SB 3, many in the hemp industry remain concerned about the future of their businesses. Lawmakers like Lt. Gov. Dan Patrick have signaled support for sweeping restrictions and have criticized the governor for not being tougher on THC products. Some conservative voices have gone so far as to suggest that Abbott’s veto amounts to a backdoor attempt to legalize adult-use cannabis, though the governor has not endorsed such a policy.

Still, stakeholders continue to argue for a balanced approach. Farmers warn that drastic restrictions would devastate a valuable agricultural sector, while business owners fear being forced to close up shop or drastically curtail operations. Many believe that targeted legislation—such as age restrictions, clear labeling, and testing requirements—would offer a better solution without undermining the industry’s viability.

Legal Protections Like HB 42 Could Be Key to Fair and Effective Regulation

The filing of HB 42 represents a crucial policy step toward ensuring fairness in enforcement. By protecting individuals who make good-faith purchases of mislabeled products, the bill helps prevent innocent consumers from being caught in the crossfire of a regulatory system still struggling to define its boundaries.

As the Texas legislature prepares to reconvene, all eyes will be on how lawmakers balance competing priorities: ensuring public safety, preventing youth access, supporting legal businesses, and preserving individual rights. With a patchwork of federal, state, and local rules to navigate, Texas’s approach to hemp regulation in the coming weeks may serve as a model or a warning for other states grappling with similar challenges.