Texas lawmakers kicked off their special legislative session Monday with the filing of Senate Bill 5, a measure that would dramatically tighten regulations on hemp-derived products, effectively banning the sale of anything containing cannabinoids other than cannabidiol (CBD) or cannabigerol (CBG).
The legislation, sponsored by State Senator Charles Perry (R), would prohibit the manufacture, sale, or possession of consumable hemp products that contain Delta-8, Delta-9, or any other cannabinoid aside from CBD and CBG. Violators could face criminal penalties ranging from misdemeanors to third-degree felonies, depending on the offense. The proposal is much stricter than many in the hemp industry were expecting following a recent veto of a similar bill by Governor Greg Abbott.
Under the bill, retailers would be required to pay a $20,000 annual registration fee for each location where products are sold, while manufacturers would need to pay $10,000 per site to obtain a license. All consumable hemp products would also need to be registered individually with the state for a $500 fee, complete with identifying pictures and scannable QR codes linking to state-verified lab results. Any products not properly registered would be illegal to possess, and enforcement would include surprise inspections by law enforcement.
SB 5 would also make it a crime to sell products containing hemp-derived cannabinoids to individuals under 21 and ban all marketing or packaging that could appeal to minors, including cartoon characters and candy-like shapes. Mail-order and delivery services for these products would be outlawed entirely, and retail sales would be prohibited within 1,000 feet of schools.
Just last month, Governor Greg Abbott vetoed a proposal to ban hemp‑derived THC products, citing concerns over constitutional challenges and potential job losses. In his veto message, Abbott urged lawmakers to return with a more structured regulatory approach that includes licensing, testing, age restrictions, and child‑resistant packaging. That call to action is what led to the current special session now underway.