Texas hemp bills: what you need to know

texas hemp bills

Texas’s hemp industry has been through the ringer in the past few months. In early July, Gov. Greg Abbott (R) ordered a special session after he vetoed an outright ban of most hemp products. In his proclamation, he urged the state’s lawmakers to focus on protecting children from intoxicating hemp products. During the session, a plethora of bills have been proposed, and it’s been hard to keep up.

Here’s a list of some of the most influential bills proposed during this special session—you may want to keep an eye out for them.

RELATED: Hemp industry sees small victory in Congress

Hemp regulation bills

These bills are continuations of Sen. Charles Perry (R)’s attempt at a blanket ban on hemp products containing a “detectable amount” of cannabinoids other than CBD and CBG. If they were to pass, the bill would ban products that contain less than 0.3 percent of THC, which is the federal threshold for legal hemp.

On Wednesday, SB 5 was approved 20-9 by Texas senators. The House corollary is expected to be seen soon.

SB 53 intends to regulate hemp in a way that stabilizes the market and protects consumers. It would create the Texas Hemp and Cannabis Commission (THCC), which would oversee the implementation and compliance of the initiative. The bill would allow consumable hemp products to be produced and sold if they contain at most 5mg of THC per serving, introduce youth protections like an age restriction to adult use, and moderate hemp taxes to fund compliance.

Last week, Rep. Nicole Collier (D) introduced HB 42, which would protect consumers from criminal charges if they bought a product marketed as legal hemp but actually contained excessive amounts of THC. 

HB 160 would require warning labels on any hemp products that contain more than trace amounts of THC. The labels would caution consumers that “consumable hemp products can cause cannabis poisoning that can be life-threatening to children, especially to those younger than five years old.” They would also say that using weed under the age of 25 increases the risk of “mental disorders like psychosis and schizophrenia.”

SB 39 was filed by Sen. Judith Zaffirini (D) and would prohibit hemp products from being packaged or marketed “in a manner attractive to children.” This would include packages shaped like humans, animals, fruit, and cartoons. It would also criminalize misleading product packaging—violations would be a Class A misdemeanor, leading to a year in jail and a $4,000 fine.

Decriminalization/legalization bills

SB 54 proposed decriminalizing adult-use cannabis. It would legalize up to two ounces of cannabis on one’s person, up to 10 properly sealed ounces in a household, and up to six plants for home cultivation. It would also task the THCC with creating regulations like testing requirements, advertising restrictions, and regulations of public consumption.

If passed, SB 54 would also create a pathway to expunge the records of people who, under the new law, would not have been considered to be breaking the law.

Rep. Jessica González (D) introduced HB 195, which would allow possession of up to 2.5 ounces of weed, with no more than 15 grams being concentrated. This would effectively legalize and regulate marijuana in the state, as well as allow adults to share these amounts as long as there’s no money involved. The bill would also introduce a commercial market that would be overseen by the Texas Department of Licensing and Regulation (DLR).

RELATED: Hemp industry may find reprieve from federal ban

What next?

If passed, any one of these pieces of legislation has the potential to change the weed landscape in Texas immediately. As the fight for hemp access continues in the state, these bills may determine the fate of the budding industry, and depending on which ones find success, Texas’s weed world may be celebrating or in dismay very soon.

is a student at Stanford University studying English and an intern at GreenState. She is originally from New York, NY.


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