With Texas Hemp Ban Now Vetoed By Governor, Industry And Lawmakers Turn To Regulation

*“Any new industry goes through ups and downs, but what we need from
lawmakers is some kind of consistency.”*

*By Stephen Simpson, The Texas Tribune*

With a ban off the table for now, Texas hemp industry leaders said they are
amenable to state lawmakers imposing more regulations on their THC
products, such as age restrictions on purchases and more testing of their
products, but caution against ineffective government overreach.

“We were ecstatic, as you can imagine, that Abbott saw through Senate Bill
3 that it didn’t make sense scientifically or legally. We have always been
an advocate for sensible and thoughtful regulation, and we look forward to
working with lawmakers on this,” said Mark Bordas, executive director of
the Texas Hemp Business Council.

Gov. Greg Abbott (R), just minutes before the veto deadline on Sunday,
rejected Senate Bill 3, which would have banned consumable hemp products
that contained any THC, including delta-8 and delta-9. Instead, he has
called a special session beginning July 21 to determine how to regulate
hemp-derived THC.

Abbott urged lawmakers in his veto to consider an approach similar to the
way alcohol is regulated, recommending barring the sale and marketing of
THC products to minors, requiring testing throughout the production and
manufacturing process, allowing local governments to prohibit stores from
selling THC products and providing law enforcement with additional funding
to enforce the restrictions.

Faced with a ban, many hemp stakeholders, including retailers, growers and
users, have championed regulations, but how they want them implemented
varies across different parts of the industry. Some want stricter
enforcement on retailers while others want freedom to grow the plant
without worry, but, all agree that the state should raise the age to
purchase THC products to 21. Currently, there’s no age restriction in law,
but most retailers prohibit minors younger than 18 from purchasing THC
products.

“While many advocate for regulations, it’s important to define what good
regulations actually mean,” said Sydney Torabi, co-founder of Austin-based
cannabis business Restart CBD.

*More regulations needed*

Kyle Bingham, a hemp grower in the South Plains and president of the Texas
Hemp Growers Association, said he woke up Monday morning shocked to learn
about the veto but pleased that he agrees with most of Abbott’s suggestions
for regulations.

“I think it’s a good idea,” he said. “Let’s regulate cannabinoids like
alcohol.”

Texas already has several regulations in place for the hemp industry, under
the Texas Hemp Farming Act, which imposes THC limits (although producers
have found loopholes to circumvent those caps), requires comprehensive
testing, mandates licensing, stipulates labeling requirements and provides
for the issuance of accessible certificates of analysis. But, Bordas said
there needs to be more enforcement of those laws.

“The state currently has four full-time employees trying to police over
8,000 licensees trying to sell the product, so it stands to reason the
state needs to commit to enforcing the laws and regulations already on the
books,” said Bordas.

Bordas said more can be done to control the market. He supports raising the
age to purchase THC to 21 and measures to keep the products away from
children, including preventing products to be sold within 1,000 feet of a
school or church, implementing tamper-proof packaging and avoiding
marketing strategies that are appealing to children.

Abbott proposed nearly 20 regulations for the hemp industry in his veto,
including raising permit and registration fees for hemp high enough to
support robust enforcement and testing by the Texas Alcoholic Beverage
Commission, and posting warning and danger signs at any store selling these
products.

“The Texas Alcoholic Beverage Commission is well equipped to do it,”
Bingham said about adopting regulations similar to the alcohol industry.
“[It] will allow for cleaner regulation that doesn’t put undue burden on
the farmer.”

From a retail standpoint, Torabi said she would support raising licensing
fees to filter out unscrupulous stores and gas stations, specifically those
who cut corners or mislead consumers.

“These bad actors not only damage the reputation of responsible companies
like RESTART, but also reinforce outdated stereotypes that THC and cannabis
are harmful,” she said. “The reality is, it comes down to quality products
and consumer education.”

Bingham said a critical piece to hemp regulation still missing from
Abbott’s suggestions is more clarity on testing requirements, including
what products must be tested for and the amount of THC that would be
allowable.

“In short, until we have testing definitions, no bill will be enforceable.
I see all these great things when it comes to limiting THC to minors,
packaging requirements, a lot of things the industry needs, but without
testing, we can’t enforce any of it,” he said.

*Treating alcohol and hemp similarly*

Bingham said that while the alcohol industry could be a great model for
regulating hemp, some of Abbott’s suggestions shouldn’t apply to THC
products. For example, alcohol products require a surgeon general’s warning
about the risks it carries for pregnant women, and hemp-based foods that
don’t contain significant amounts of THC shouldn’t need a similar label.

“I don’t think we need a THC warning label on hemp hearts and hemp seed
oil,” he said.

Some regulations Abbott suggested are directly inspired by Prohibition-era
laws that don’t necessarily make sense for THC products, stakeholders say,
including limiting sales between 10 a.m. and 9 p.m. and prohibiting sales
on Sundays.

Retailers also caution against limiting the number of purchases that can be
made in a given period and enforcing further limits on the amount of THC in
a product, which could harm those who use the products for health purposes.

“One area of concern is the proposed cap on THC dosing per gummy or per
package. Many of our customers rely on higher THC doses to manage serious
conditions such as chronic pain and PTSD,” Torabi said. “It’s important to
recognize that this isn’t just about recreational use; THC serves as a
critical medicine for many Texans. Arbitrary limits could prevent patients
from accessing the relief they genuinely need.”

Abbott also suggested making the public consumption of THC products and an
open container in a car a crime similar to alcohol. Torabi said she would
like more consideration before restricting THC consumption similar to
alcohol since both substances have different intended effects.

“There’s been a significant shift toward non-alcoholic consumption in Texas
and across the country, with many restaurants now offering THC and CBD
beverages as alternatives,” she said. “Allowing adults the freedom to
choose their preferred beverage, while also supporting local business,
seems both reasonable and beneficial to the economy.”

*In need of stability*

Some states, like Florida, where Gov. Ron Desantis (R) also vetoed a hemp
ban law, enacted age restrictions while others have restricted product
potency.

Bingham said that he welcomes regulations because they will bring stability
to the industry and allow the rest of Texas to truly see the benefits of
THC.

“Any new industry goes through ups and downs, but what we need from
lawmakers is some kind of consistency,” he said.

Some hemp industry leaders have suggested various initiatives to showcase
the benefits of THC, such as research programs and education for lawmakers,
before embarking on over-regulation.

“Right now, most regulations is based in fear mongering, confusion and
chasing headlines instead of evidence,” said Chris Karazin, chief executive
officer for Carolindica, an online hemp company from North Carolina. The
company hopes other states follow Texas’ lead in creating more regulations
instead of banning THC. “If states and federal governments invested in
cannabinoid research, especially around dosage, impairment and health
outcomes, we’d be in a much stronger position to create fair, common sense
hemp policy.”

Bordas hopes, though, that the ultimate proof that THC is safe comes from
the general public.

“As more members of the Legislature become familiar with the product along
with the social media campaigns of people who use hemp and do it for
various reasons with no adverse effects, it will make it mainstream enough
that the fear factor will go away,” he said.

*This article originally appeared in The Texas Tribune at
https://www.texastribune.org/2025/06/23/texas-hemp-regulations-age-restriction-enforcement-thc-sb-3/.*

*The Texas Tribune is a member-supported, nonpartisan newsroom informing
and engaging Texans on state politics and policy. Learn more at
texastribune.org.*

Congressional Committee Approves Federal Hemp THC Ban That Stakeholders Say
Would Decimate Industry

*Photo courtesy of Brendan Cleak.*

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Turn To Regulation appeared first on Marijuana Moment.