Dan Patrick’s Plan to Ban THC in Texas

Texas Hemp Is Under Threat—Here’s What You Need to Know

If you follow us—or any hemp or cannabis advocates, businesses, or influencers in Texas—you know our industry is facing serious threats. Lieutenant Governor Dan Patrick, alongside Senator Charles Perry and other Texas GOP members, are aggressively targeting federally legal hemp products. Senate Bill 3 (SB 3), and its companion in the House, House Bill 28 (HB 28), have taken center stage in the 89th Legislative Session.

After SB 3 passed in the Senate, Lt. Gov. Dan Patrick issued the following statement:

“I named SB 3 a major legislative initiative of mine because I will not allow retailers to circumvent the law and put Texans’, and especially children’s, lives in danger. These rogue retailers are selling THC products containing several times more THC content than marijuana purchased from a drug dealer off the street. These dangerous products must not be allowed to permeate our communities and endanger Texas children.”

—Lt. Gov. Dan Patrick, March 19, 2025

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This kind of rhetoric isn’t new—but it’s still wildly misleading. Thousands of hemp business owners across Texas invest significant resources annually into rigorous product testing and quality control, ensuring safe, compliant, and effective products. Naturally derived cannabinoids like ∆9 THC, ∆8 THC, ∆10 THC, and others—when extracted and processed responsibly—pose no known risk of fatal overdose. These compounds are naturally occurring and distinct from dangerous synthetic substances like K2 or Spice, both of which are already illegal in the state of Texas. Synthetic cannabinoids have been banned in the state since 2011.

Despite claims to the contrary, the real problem isn’t responsible retailers. It’s the lack of clear regulation and enforcement from the state. In fact, the Texas Legislature has never enacted age-gating laws for hemp products—yet the majority of reputable businesses self-regulate, refusing sales to anyone under 21. A notable example: Lieutenant Governor Dan Patrick himself was carded when he visited a hemp shop.

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What’s at Stake

SB 3 would effectively ban all THC in hemp products, even trace amounts. The proposed threshold? Just 0.0001% THC by dry weight—a level so low it’s functionally impossible to meet with current agricultural and testing standards. This standard is 3,000 times lower than the federal government’s 0.3% delta-9 THC limit and 10,000 times below the 1% threshold generally recognized as the point at which products begin to exhibit intoxicating effects.

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Many hemp crops naturally rise above the federal 0.3% THC limit just before peak cannabinoid development, which research suggests is the ideal harvest point for quality flower. That means that even under current regulations, both industrial and therapeutic hemp farmers are losing money not just from “hot crops”, but from an inability to harvest at the ideal time.

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These new, extreme limitation wouldn’t just ban popular psychoactive cannabinoids like ∆8 or ∆9 THC—it would make it nearly impossible to cultivate hemp at all, even for non-psychoactive purposes like textiles, seed, or animal feed.

On the House side, HB 28 (introduced by Rep. Ken King) proposes age restrictions, a ban on synthetic cannabinoids, and stricter licensing for the hemp industry. The verbiage is convoluted and confusing, naming hemp products as “cosmetics” or “devices”, while seemingly only making beverages accessible.

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Economic Impact

The hemp industry in Texas, which has flourished since the 2019 legalization of hemp products containing less than 0.3% THC, generates $5.5 billion in annual sales and contributes $268 million in tax revenue, according to the Texas Hemp Business Council.

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Opponents, including business owners, veterans, and medical cannabis advocates, warn that the ban would devastate an $8 billion industry supporting approximately 50,000 jobs in Texas.

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What We Agree On—and Where They’ve Got It Wrong

We share lawmakers’ concerns about synthetic cannabinoids—which have been illegal since 2011 and are not protected under the federal hemp program. We also agree on the importance of keeping THC out of minors’ hands, enforcing child-proof packaging, and strengthening regulatory enforcement.

But comparing our industry’s thousands of responsible operators to a few reckless convenience stores is disingenuous. And calling naturally derived cannabinoids “dangerous street drugs” is pure fear-mongering.

The Texas hemp industry is already self-regulated, safety-conscious, and committed to transparency. What we need isn’t prohibition—we need smart, clear legislation that protects both consumers and business owners.

How You Can Help

We need your voice. If you want to help protect Texas hemp:

1. Find and contact your representatives: https://wrm.capitol.texas.gov/home
   
2. Leave a comment: Can’t reach out yourself? Fill out our form—we’ll pass your message along to your rep.
3. Join us for Cannabis Lobbying Day: Every Tuesday at the State Capitol. Talk to your reps in person, share your story, and make your voice heard.

We’re not backing down. And with your help, we won’t have to.