Senate Bill 5, a sweeping measure that would criminalize the manufacture, possession and sale of hemp-derived THC products in Texas, has been approved unanimously by the Senate State Affairs Committee.
The bill, introduced by State Senator Charles Perry (R), would outlaw consumable hemp items containing cannabinoids other than CBD and CBG, with penalties ranging from Class C misdemeanors for simple possession to third-degree felonies for manufacturing or distribution. The committee approved the bill today following a hearing in which numerous law enforcement officials railed against THC use and the hemp industry, while most members of the public spoke against a ban.
In addition to banning hemp-derived THC, it would heavily regulate hemp-derived CBD and CBG, imposing steep financial requirements for those wanting to become licensed in the industry. Retailers would be required to register each location at a cost of $20,000 per year, while manufacturers would need to pay $10,000 annually per site. Additionally, every product would need to be registered with the state for $500, complete with a QR code linking to state-approved lab results and photos for law enforcement verification.
Under the proposal, hemp products could not be delivered by mail, sold near schools, or marketed to those under 21. Packaging resembling candy, cartoons, or other kid-friendly imagery would be banned, and stores could face penalties if their hemp items are displayed near products legal for minors.
Governor Greg Abbott previously vetoed a similar bill but called for revised legislation with licensing, product restrictions, and stricter enforcement. SB 5 appears to be the Legislature’s response, and is already quickly making its way through the legislative process during a special session that began on July 21.
