Texas Senate Passes Revised THC Ban Bill (SB 5)

Texas THC Ban

The Texas Senate has passed Senate Bill 5 (SB 5), a revised version of legislation that would ban most psychoactive THC products, including popular items like delta-8 gummies and vapes. The bill’s sponsor, Senator Charles Perry (R-Lubbock), stated that this new version addresses the specific concerns that led Governor Greg Abbott to veto a similar THC ban during the regular legislative session.

SB 5 seeks to close a loophole from a 2019 hemp legalization law that allowed for the sale of certain intoxicating THC products. The new bill would ban these psychoactive items while explicitly allowing the continued sale of non-intoxicating cannabinoids like CBD and CBG. It also raises the legal purchasing age for all such products to 21.

Governor Abbott had previously vetoed a broader ban, citing potential harm to Texas hemp farmers and the impact on veterans with PTSD who use these products for medicinal purposes. Senator Perry argued that SB 5 is designed to protect the state’s hemp farming industry and keep retailers who sell legal CBD and CBG products open, directly addressing two of the governor’s key objections.

Regarding veterans, Perry reiterated that lawmakers had already expanded the Texas Compassionate Use Program (TCUP), the state’s official medical marijuana program, during the regular session. He contended that veterans should seek medical marijuana through doctors within the TCUP framework rather than from retail shops. “We have a TCUP program because it has all of those attributes of providing holistic help,” Perry said.

However, Senator Jose Menendez raised concerns about the capacity of the TCUP, suggesting that new facilities under the recent expansion might not be operational until 2028, potentially leaving a gap in access for current users. Perry acknowledged this “bridge” period for “habitual users.” The bill will face one more vote in the Senate before moving to the Texas House for consideration.

Sophia Bennett
Follow