$5.5 Billion Reprieve as Texas Hemp THC Ban Fails in Legislature

Texas’ booming hemp industry has earned a temporary reprieve after lawmakers failed to pass a sweeping ban on hemp-derived THC products during a special legislative session that ended Wednesday night.

The collapse of Senate Bill 6 preserves access to hemp-derived edibles, drinks, and THCA flower in a state market valued at an estimated $5.5 billion. For now, hemp entrepreneurs and consumers can breathe easier. But with state leaders vowing to return to the issue, the industry’s long-term survival remains uncertain.

Senate Push, House Stalemate

The proposed ban, championed by Lt. Gov. Dan Patrick, would have prohibited hemp products containing “any detectable amount of any cannabinoid.” Patrick has made a total THC ban a cornerstone issue, aligning with Republican colleagues who see hemp-derived intoxicants as a loophole undermining Texas’ prohibition on marijuana.

The bill passed the Texas Senate but stalled in the House, which was embroiled in political turmoil as Democrats staged a walkout over redistricting plans. The impasse left the hemp industry intact—at least for now.

“My position remains unchanged; the Senate and I are for a total THC ban,” Patrick posted on X following the session’s end.

Hemp Industry Celebrates For Now

The Texas Hemp Business Council hailed the outcome as a victory. “The message is clear: Texans want hemp,” the organization wrote on X. “And we’re not going down without a fight.”

Industry advocates point to strong consumer demand, especially for hemp-derived edibles and drinks, which have exploded in popularity since the 2018 Farm Bill legalized hemp nationwide. In Texas, these products have provided a legal—and lucrative—alternative in a state where recreational marijuana remains illegal.

Abbott’s Mixed Signals

While Lt. Gov. Patrick has been steadfast in his push for prohibition, Gov. Greg Abbott’s stance has been less predictable. In June, Abbott unexpectedly vetoed a hemp ban that lawmakers had passed, only to later emphasize that Texas “must continue to criminalize marijuana.”

Because Abbott called the special session to pursue, in part, a hemp ban, it remains possible he could summon legislators back to Austin for another attempt.

Hemp’s Legal Gray Zone

Texas’ hemp-derived THC market is built on ambiguities in federal and state law. The 2018 Farm Bill legalized hemp production but inadvertently opened the door to intoxicating hemp derivatives, such as Delta-8 and Delta-9 THC edibles. While regulators widely agree this was unintended, Congress has yet to address the loophole.

That has left states to chart their own paths, with many banning hemp-derived THC outright. Texas has already taken partial steps: a ban on hemp vapes went into effect Sept. 1, outlawing cannabinoid vaporizer products outside the state’s limited medical marijuana program.

Expanding Medical Access

At the same time, Texas is cautiously widening access to medical cannabis. New rules will allow 12 additional businesses to cultivate and sell cannabis oil, while expanding the list of qualifying conditions for patients under the Texas Compassionate Use Program (TCUP).

The contrast between tightening restrictions on hemp products and modest expansions in medical access highlights Texas’ conflicted approach to cannabis policy.

The Road Ahead

For now, the hemp industry has dodged what could have been an existential blow. But advocates know the battle is far from over. With state leaders signaling renewed efforts to impose a THC ban, the $5.5 billion market hangs in the balance.

What happens next will depend not only on political maneuvering in Austin but also on whether federal lawmakers finally step in to clarify the legality of hemp-derived intoxicants. Until then, Texas’ hemp businesses will continue to operate in a precarious legal environment thriving in sales but constantly fighting for survival.