Texas

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Key Takeaways:

  • Texas’s attempt to ban hemp-derived THC products failed—for now. Senate Bill 3, which would have banned products like delta-8, was vetoed, leaving current laws in place. A special session beginning July 21 with consumable hemp regulation is at the top of the agenda.
  • Arkansas’s Act 629 survives federal challenge. The Eighth Circuit ruled that it does not conflict with the 2018 Farm Bill and is not unconstitutionally vague.
  • States may continue to diverge on hemp policy. The Eighth Circuit decision reinforces states’ authority to tightly regulate or prohibit intoxicating hemp products, adding to a patchwork legal landscape that cannabis and hemp businesses must navigate carefully.

As every reader of this blog should know, on June 21, 2025, Texas Governor Greg Abbott vetoed Senate Bill 3, a measure that would have effectively banned consumable hemp products containing THC and imposed infeasible costs and regulations on other hemp products. In his veto message, Abbott pointed to a then-active federal court decision that had blocked enforcement of Arkansas’s similar hemp law, suggesting it demonstrated legal vulnerability in banning these products.Continue Reading Texas Governor’s Hemp Product Veto Highlights National Legal Uncertainty—Even as Cited Ruling Is Overturned

The state of Texas has a long history of regulating cannabis use. Since 1915, when the first city ordinance was passed banning cannabis in El Paso,[i] the legal landscape in Texas and the rest of the country continues to evolve at different rates. This has resulted in widely varying defined legal guidelines and consequences from the use and possession of cannabis. These legal guidelines/laws related to cannabis continue to be enacted, repealed, and debated in the Texas Legislature today, evidencing strong public sentiment for more accepted, legally permissible uses of cannabis and cannabis products. In recent years, most major cities in Texas have launched programs and adopted policies that reduce, or even eliminate, penalties for the possession of cannabis.[ii] While the Texas Legislature has been slow in changing its position formally in the enactment of laws, a number of bills in the Texas House and Senate being considered during the 2023 session show that a spark continues to create a legal landscape that would foster the participation of Texans and the State of Texas in the lucrative and public-serving cannabis industry.Continue Reading High Hopes on 4/20: The Current Status of Cannabis Laws in Texas