Texas Senate Defies Governor Abbott Again, Advances Hemp THC Ban in Special Session

The Texas Senate has once again defied Governor Greg Abbott’s call to regulate rather than prohibit consumable hemp products. In a decisive 22-8 vote on August 18, the upper chamber passed legislation to ban intoxicating hemp cannabinoids, including products with trace amounts of THC. The move underscores a widening rift between the governor and Lieutenant Governor Dan Patrick, who continues to champion prohibition despite Abbott’s explicit directive for regulation during the second special session.

A Repeat Battle Between the Senate and the Governor

Governor Abbott had previously instructed lawmakers to create a regulatory framework for consumable hemp products, particularly those containing intoxicating cannabinoids such as delta-8 and delta-10 THC. Instead, the Senate doubled down on a prohibitive approach that mirrors legislation vetoed by Abbott in June during the regular session.

The governor justified his veto at the time by warning that a ban would criminalize a lawful agricultural commodity. Yet Patrick and his Senate allies remain determined to eliminate intoxicating hemp products from the Texas market altogether. Their decision also raises constitutional concerns, as state lawmakers are not permitted to pass special session bills that stray from the governor’s official proclamation.

Senate Bill 6 and Its Provisions

The latest measure, Senate Bill 6 (S.B. 6), is nearly identical to the legislation that passed during the first special session. It prohibits the manufacture, sale, and possession of hemp-derived products containing cannabinoids other than nonintoxicating CBD or CBG.

The bill’s sponsor, Senator Charles Perry of Lubbock, defended the legislation by citing health and safety concerns. Perry pointed to research suggesting harmful effects of long-term THC use, while also referencing polling data he claims supports prohibition.

If enacted, the law would make possession of a consumable hemp product containing cannabinoids other than CBD or CBG a Class C misdemeanor. Offenders could face fines of up to $2,000 and up to 180 days in jail.

A History of Failed Attempts and Political Gridlock

The hemp THC ban has already been through several rounds of debate. Earlier this year, an identical proposal failed to reach the governor’s desk after Texas House Democrats staged a dramatic walkout to prevent quorum, effectively blocking legislative action during the first special session.

This time, House Democrats have returned to Austin, allowing the lower chamber to conduct business. That means S.B. 6 now stands a real chance of advancing to the governor’s desk for consideration once the Senate completes procedural steps.

Industry at Risk: Economic Impact of a Ban

The stakes for the hemp industry are substantial. Texas is home to approximately 8,000 hemp-related businesses that contribute an estimated $10.3 billion in economic activity and provide roughly 50,000 jobs, according to Whitney Economics.

Advocates warn that a prohibition could devastate small businesses, eliminate jobs, and strip Texans of access to products that many use for relaxation, wellness, or therapeutic purposes. For retailers and manufacturers, the threat of criminal penalties adds an additional layer of uncertainty.

Growing Divide Between Public Opinion and Political Action

Polls consistently reveal that most Texans prefer regulation over prohibition. A June 2025 survey by the University of Texas and the Texas Politics Project found that 53% of likely voters opposed banning THC hemp products, while only 31% supported a ban. Similarly, a March 2025 Baselice & Associates poll showed that 68% of likely voters favored regulating hemp products and only 20% supported prohibition.

Even among Republican voters, the March poll showed a majority 57% supported regulation, compared to 29% who favored a ban.

However, a new Baselice poll released in August told a different story, showing that 62% of Republican voters supported prohibition. Industry leaders, including Lukas Gilkey of Texas-based Hometown Hero, accused Lieutenant Governor Patrick of manipulating the polling process by commissioning biased surveys to support his agenda.

Allegations of Corruption and Manipulated Polling

Gilkey argued that Patrick paid Baselice & Associates $755,000 to produce results favorable to the lieutenant governor’s position. He criticized the poll for using loaded questions that framed THC products as dangerous and even deadly.

One of the survey questions asked respondents to choose between banning THC products to protect children from severe brain damage and death or allowing them for recreational purposes simply so people could get high.

Industry leaders say such framing ignores the nuances of the debate, including consumer safety, economic impact, and individual freedom. Critics accuse Patrick of pursuing a prohibition agenda regardless of what Texans actually want.

What Happens Next in the House

With the Senate’s passage of S.B. 6, the bill now heads to the House of Representatives. In May, the House voted 95-44 in favor of a similar hemp THC ban during the regular session, suggesting the measure could again find support in the chamber.

If the bill advances to Governor Abbott, his decision will be pivotal. Should Abbott veto the legislation, the timeline of the special session will determine whether lawmakers have the power to override him. In Texas, if a bill reaches the governor fewer than ten days before adjournment, legislators cannot attempt an override.

Given that special sessions can last no longer than 30 days, the House would need to send S.B. 6 to Abbott by September 3 to preserve that option.

Governor Abbott’s Preferred Approach

Governor Abbott has clarified that his preference is regulation rather than prohibition. He supports restricting hemp cannabinoid products to individuals aged 21 and older, banning synthetic cannabinoids such as delta-8 THC, and limiting all other products to 0.3% THC or 3 milligrams per serving.

This middle-ground approach aims to preserve consumer choice while addressing safety concerns, but so far Senate leadership has ignored it.

The Larger Political Battle

The fight over hemp products reflects a broader struggle within the Texas GOP between prohibitionists and regulators. Patrick’s hardline stance on intoxicating cannabinoids contrasts with Abbott’s more pragmatic approach, creating a rare public rift between two of the state’s most powerful Republicans.

For industry advocates and business owners, the ongoing battle creates prolonged uncertainty. Whether the outcome is regulation or prohibition, the delay in clarity threatens investment and stability in the Texas hemp market.

A High Stakes Showdown for Hemp in Texas

The passage of S.B. 6 in the Texas Senate once again highlights deep divisions over the future of hemp regulation in the state. With thousands of businesses and tens of thousands of jobs on the line, the debate extends far beyond legislative halls.

As the bill moves to the House, industry advocates brace for a fight, consumers await clarity, and Governor Abbott faces a looming decision that could reshape the hemp landscape in Texas.

Whether lawmakers ultimately choose prohibition or regulation, the outcome will reverberate through the state’s economy and political landscape for years to come.