Texas GOP Senator Pushes State Agencies To Adopt More Restrictive Hemp Rules After His THC Ban Bills Failed

A GOP Texas senator who led an ultimately unsuccessful push to ban
consumable hemp products with THC during the regular legislative session
and two special sessions this year is now imploring state agencies to adopt
restrictions on cannabis that he says would align the state with federal
law.

In a pair of letters sent to the Texas Department of Agriculture (TDA) and
the Department of State Health Services (DSHS), Sen. Charles Perry (R)
requested what he described as “narrowly tailored” changes to the state’s
hemp laws. Specifically, he wants the crop and its derivatives to be tested
for total THC content—including THCA—rather than just delta-9 THC, to
determine legal status.

The senator said the proposed revisions “are designed to find common ground
on this issue” after the governor vetoed one of his outright ban bills and
lawmakers failed to pass other versions.

“Here’s the truth: we have debated what types of products should or should
not be sold in this state, and I have no doubt that debate will continue in
the 90th Legislative Session,” Perry said in a press release, “but no one
should have any problem with the state complying with regulations adopted
under [the federal 2018 Farm Bill].”

Texas rules leave loopholes letting marijuana pose as hemp. I’ve asked
state agencies to align with federal THC standards: https://t.co/JsoPPcxc59
#TxLege pic.twitter.com/vAMtSiyHAe

— Sen. Charles Perry (@electcharles) September 22, 2025

“To the THC retailers that testified countless times during the 89th
Legislative Session that they simply wanted to sell products that ‘comply
with federal law,’ well here’s your opportunity to do just that,” he said.
“At a minimum, Texas has an obligation to ensure consumable hemp products
only contain hemp, as that term is defined by the USDA.”

The letters to TDA and DSHS are largely identical, but they depart in a
section outlining specific administrative policies Perry wants the agencies
to respectively adopt within their jurisdiction.

Perry said that, despite state hemp laws stipulating the need for
compliance with federal regulations, Texas “continues to ignore the sale of
this cannabis flower at local head shops that would be illegal to harvest
as hemp in all 50 states.”

“This cannabis flower is not hemp—it is marijuana, pure and simple,” he
said. “The same applies for any cannabis concentrate extracted from such
cannabis flower, which itself qualifies as either marijuana extract or
tetrahydrocannabinols, as such terms are used in the Texas Schedules of
Controlled Substances—once again, these substances are not hemp.”

By federal statute, hemp is defined as cannabis containing no more than 0.3
percent THC by dry weight. It does not carve out an exception for flower or
extracts.

In his letter to the state agriculture department, the senator requested
that it update the definition of hemp, ensure that THC levels are tested
for both delta-9 THC and THCA and revise testing requirements.

The ask is similar for DSHS, with additional requests for definitional
changes for what constitutes “smoking” and measurements of uncertainty for
THC testing.

“The widespread and easy availability of illegal marijuana products,
masquerading as ‘legal hemp’ is an ‘imminent peril to the public health,
safety, or welfare’ of this state,” the letters say.

The letters urge the departments to “engage in emergency rulemaking to
ensure (1) that the Texas Hemp Program rules are at a minimum, as stringent
as those required by the USDA of every state plan in the United States,
especially regarding Total THC, and (2) that bad actors in the State of
Texas are clearly prohibited from exploiting purported ‘loopholes’ in
current rules to circumvent the Texas Controlled Substances Act. Texas law
should be crystal clear—cannabis flower that exceeds 0.3 percent Total THC
is Marijuana.”


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While Gov. Greg Abbott (R) vetoed legislation championed by Perry and the
lieutenant governor to ban all hemp products containing THC, he did sign an
executive order earlier this month to set age limits to prevent youth
access.

The Texas Alcoholic Beverage Commission (TABC) quickly adopted changes to
the state’s hemp laws this week consistent with the governor’s order,
making it so people under the age of 21 will no longer be permitted to
purchase consumable hemp products.

Meanwhile, a recent survey from a GOP pollster affiliated with President
Donald Trump found that Texas Democratic and Republican voters are unified
in their opposition to the hemp ban proposal.

The post Texas GOP Senator Pushes State Agencies To Adopt More Restrictive
Hemp Rules After His THC Ban Bills Failed appeared first on Marijuana Moment
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