Legislation to outlaw hemp-derived compounds such as THC and CBN, while regulating CBD and CBG, was filed today in the Texas House, hours before a similar measure is expected to receive a vote in the Senate.
House Bill 5, introduced by Representative Gary VanDeaver (R), mirrors Senate Bill 5, which recently cleared the Senate State Affairs Committee in a unanimous 10 to 0 vote and is slated for a full Senate vote today. Like its Senate counterpart, HB 5 would ban the manufacture, sale, and possession of hemp-derived consumable products that contain cannabinoids other than CBD or CBG, including popular items like delta-8 and delta-10 THC.
Under HB 5, manufacturers would be required to pay $10,000 annually for each licensed facility, while retail locations would need to pay $20,000 per site. Each individual product would also be subject to a $500 registration fee. Products would be required to carry a QR code linking to lab results and approved product images, and must be registered with the state before sale.
Possession of non-compliant hemp products would become a Class C misdemeanor, escalating to jail time for repeat offenses. Manufacturing or distributing such products could result in a third-degree felony. Selling to anyone under 21 would be a Class A misdemeanor, and sales within 1,000 feet of a school or by mail delivery would be prohibited.
The bill also mandates stringent testing, bans marketing to minors, and prohibits any packaging that resembles candy, cartoons, or food products. The legislation carves out exceptions for medical research institutions, low-THC medical cannabis, and federally recognized GRAS hemp seed ingredients.
Governor Greg Abbott, who vetoed a similar measure last session, has since expressed support for banning intoxicating hemp products. Even if he were to reverse course again, lawmakers could override a veto with a two-thirds majority in each chamber.
With HB 5 now in the House and SB 5 likely to clear the Senate today, Texas is rapidly advancing toward a major overhaul of its hemp laws.
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