The Texas Senate has passed Senate Bill 5, a proposal that would ban hemp-derived THC products and impose strict regulations on CBD and CBG.
Texas State Capitol Building.
The Senate approved the bill today through its second reading, with a third and final reading expected on Friday. Once advanced through the third reading, the proposal will be sent to the Texas House for consideration.
If approved by the House, SB 5 would then be sent to Governor Greg Abbott, who vetoed a similar measure earlier this year. However, Abbott has since stated that he now supports banning intoxicating hemp products, raising the likelihood of his approval this time around. Even if he vetoes the bill again, the Legislature could override it with a two-thirds majority vote in both chambers.
SB 5, introduced by State Senator Charles Perry (R), would outlaw consumable hemp items containing cannabinoids other than CBD and CBG. Penalties would range from a Class C misdemeanor for possession to a third-degree felony for manufacturing or distributing prohibited products. Remaining legal products would face new licensing requirements and high compliance costs, including a $20,000 annual fee per retail location and $10,000 per manufacturing site. Each product would also require a $500 registration fee and scannable QR code linked to lab reports and images for law enforcement.
The legislation bans mail delivery of hemp products, restricts sales near schools, and prohibits packaging that appeals to minors. Sales would be limited to adults 21 and older.
The vote follows last week’s introduction of House Bill 195 by Representative Jessica González (D), which would legalize marijuana possession and establish licensed retail stores for adults. House Bill 5, a companion bill to Senate Bill 5, was also filed recently.
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