Texas lawmakers have renewed their push to outlaw hemp products containing THC, setting up another clash with Gov. Greg Abbott over how to rein in the state’s booming intoxicating hemp market. The Senate State Affairs Committee last week advanced Senate Bill 6 (SB 6), which would ban any amount of THC in hemp consumables — a move that would effectively wipe out intoxicating hemp products.
Abbott vetoed a similar bill in June, calling it “well-intentioned but legally flawed,” and has instead pressed for a regulatory framework modeled on alcohol and tobacco controls. But both approaches appear headed toward the same outcome: intoxicating hemp products such as delta-8 THC and HHC would no longer have a place in Texas.
Zero tolerance
Texas legalized consumable hemp in 2019, shortly after the federal Farm Bill defined hemp as cannabis with less than 0.3 percent delta-9 THC. That definition opened the door to intoxicating derivatives, as companies learned how to convert CBD into delta-8 and other psychoactive compounds that remained technically legal.
SB 6 closes that door firmly. The bill removes the federal THC threshold and requires that no hemp consumable contain any measurable THC, whether delta-9, delta-8, or other variants. Penalties include criminal charges and fines for businesses found selling such products.
That language makes no distinction between intoxicating hemp and non-intoxicating cannabinoids such as CBD or CBG. Critics warn that the law could put common wellness products at risk unless clarified, though Abbott has said he does not support banning “lawful hemp-derived products.” For now, the central thrust of SB 6 is clear: THC in any form would be illegal in consumable hemp.
Abbott’s alternative
While Abbott vetoed the June bill, he did not signal leniency for intoxicating hemp. Instead, he urged lawmakers to adopt a 20-point regulatory plan for hemp consumables covering licensing, labeling, age restrictions, and excise taxes.
Even under Abbott’s framework, intoxicating hemp faces elimination. His plan includes strict potency caps — reportedly around 3 mg THC per gram — which would render today’s gummies, vapes, and drinks illegal, while also barring synthetically converted cannabinoids such as delta-8 and HHC.
The practical difference is that Abbott’s plan would spare CBD, CBG, and other non-intoxicating cannabinoids, maintaining at least part of the wellness and supplement sector. SB 6 risks eliminating those markets entirely by defining all THC — no matter how trace — as disqualifying.
The governor has emphasized restricting synthetically modified compounds — the chemical conversions that power delta-8 and HHC production. Without that avenue, Texas producers would be unable to keep intoxicating hemp products on the market.
Market fallout
Texas is one of the nation’s largest hemp-derived THC markets, with an 8,000 retailers and annual sales topping $4 billion, according to some estimates. SB 6 or Abbott’s plan would upend that industry overnight.
The products are widely sold in gas stations, vape shops, and online, often in packaging that resembles candy or soda. With little oversight, users face unknown health risks. Regulators cite mounting reports of children ingesting high-potency gummies and emergency room visits as evidence of a public health threat.
Texas’s debate reflects a national stalemate. Congress has not yet updated the 2018 Farm Bill, leaving the loophole that allowed intoxicating hemp products intact. Some states, such as New York and Connecticut, have imposed strict regulatory systems. Others, including Florida and now Texas, are moving toward outright bans.Hemp industry leaders say this patchwork undermines consumer confidence and threatens the broader crop’s reputation.
For Texas, the next steps could unfold quickly. With SB 6 already moving and Abbott’s alternative still on the table, lawmakers face a choice: ban outright, regulate tightly, or attempt some combination of the two. But for intoxicating hemp, the message is increasingly the same: its days in Texas appear numbered.