A proposed law that would ban intoxicating hemp products moved one step closer to becoming law in Texas this week, as a wave of legislative and regulatory action aimed at curbing the unregulated products continues to rise state-by-state across the U.S.
The Texas State Senate overwhelmingly approved Senate Bill 3 (SB 3), which would wipe out products containing the hemp-derived substances – gummies, beverages, vapes, and smokable hemp flowers, which are currently sold at more than 8,300 locations across Texas, according to estimates.
The proposed law, which passed the Senate by 24-7, would outlaw all forms of THC in Texas, where marijuana (which contains delta-9 THC) is already illegal except for medical patients by prescription.
Lawmakers and regulators in Florida, Connecticut and Missouri also advanced initiatives aimed at tightening control over the burgeoning sector, citing health and safety concerns.
The efforts are a response to unintended consequences of the 2018 Farm Bill, which legalized hemp but failed to anticipate that hemp-derived cannabidiol (CBD) could be synthesized into psychoactive compounds like delta-8 THC.
‘Life and death issue’
“This is a poison in our public, and we as a Legislature — our No. 1 responsibility is life and death issues,” said Texas Lt. Gov. Dan Patrick, who has championed SB 3 as one of his “top five” legislative priorities this year. “Kids are getting poisoned today.”
State Sen. Charles Perry (R-Lubbock), the bill’s lead sponsor, emphasized that the original intent of the state’s 2019 hemp law was to create agricultural opportunities, not to unleash a market for intoxicating substances. “This is not the pot of yesterday. This is stuff that will change lives forever,” Perry said, accusing the industry of exploiting regulatory gaps to produce high-potency products that mimic marijuana’s effects.
While SB 3 now moves to the Texas House of Representatives, a competing proposal, House Bill 28, seeks to impose stricter oversight without an outright ban. The two chambers will need to reconcile their differences before the session concludes.
It remains to be seen which, if either, proposed law is favored by Gov. Greg Abbott.
‘Common enemy’
Texas hemp stakeholders have fought vigorously against the ban, arguing that it would wipe out thousands of jobs and billions in tax revenue. Mark Bordas, executive director of the Texas Hemp Business Council, said the state should focus on better regulation rather than prohibition.
“We have a common enemy: the bad actors,” Bordas said. “But the lieutenant governor and Sen. Perry are going to eliminate the entire business — including over 7,000 licensed dispensaries.”
Despite the pushback, Patrick warned retailers: “You might want to voluntarily close your doors because the investigations are going to continue, and I’m sure the lawsuits are about to come.”
Florida crackdown renewed
In Florida, lawmakers are revisiting efforts to regulate hemp-derived intoxicants after Gov. Ron DeSantis vetoed a similar measure last year. The new, stricter proposal, sponsored by Republican Sen. Colleen Burton, cleared its first Senate committee hearing this week with unanimous support.
Burton acknowledged that the latest bill incorporates suggestions made by DeSantis following his veto. However, she made it clear that economic concerns for hemp distributors do not outweigh public health risks. “While that might be a reality, I would suggest that the impact to the health of Floridians is far more important,” Burton said.
The new bill tightens age restrictions, requires more stringent product testing, and prohibits marketing that could appeal to children. It also seeks to clarify definitions of allowable THC levels in hemp-derived products to prevent the sale of intoxicating derivatives. If passed, Florida’s crackdown could deal another blow to the state’s rapidly expanding hemp industry, which some lawmakers have likened to the “Wild West” due to its lax oversight.
Connecticut gets tough
Connecticut, which has already imposed strict licensing requirements on cannabis businesses, is now looking to further regulate products containing intoxicating hemp. Lawmakers are weighing new proposals to close loopholes that have allowed gas stations, convenience stores, and smoke shops to sell the products without the same level of oversight required for the state’s marijuana dispensaries.
Democrat State Sen. James Maroney, a leading advocate for tighter regulations, said the measures are necessary to ensure consumer safety. “We have a system in place for cannabis regulation,” Maroney said. “It makes no sense that intoxicating hemp products should be available in unregulated retail settings.”
Proposed legislation would impose stricter labeling requirements, increase penalties for non-compliant retailers, and mandate lab testing for all consumable hemp products. The move has drawn support from public health advocates who warn that synthetic cannabinoids derived from CBD can be significantly more potent and dangerous than traditional cannabis products.
Missouri reforms
Missouri is also taking steps to address the spread of hemp-derived THC products. State regulators have expressed concern over the ease with which minors can access these products, particularly in areas where medical marijuana dispensaries are heavily regulated but hemp products remain largely unchecked.
A newly introduced bill would establish an age restriction of 21 for purchasing any hemp-derived intoxicants and require businesses to obtain a special license to sell such products. Additionally, lawmakers are considering a measure that would ban the sale of synthetic THC derivatives altogether, mirroring the approach taken in Texas.
Farm Bill ahead
The federal legal status of intoxicating hemp remains uncertain. The 2018 Farm Bill inadvertently paved the way for psychoactive hemp products, and its scheduled 2023 update is now overdue. Lawmakers in both the House and Senate have proposed amendments to the upcoming Farm Bill that would redefine hemp to exclude all intoxicating compounds. If adopted, this change would create a uniform federal standard, superseding ongoing state-level debates.