By Todd Hollan, Dallas Resident
On June 22, 2025, Gov. Greg Abbott vetoed Senate Bill 3—legislation championed by Lt. Gov. Dan Patrick that would have outlawed all hemp‑derived THC products—but simultaneously called for its replacement with “regulation like alcohol”.
The governor then called lawmakers back for a special session starting July 21 to craft a smarter framework.
To put it bluntly: allowing hemp‑THC but refusing to legalize recreational cannabis is inconsistent, illogical, and ultimately untenable.
The Paradox of Partial Prohibition
Texas law currently allows hemp containing up to 0.3% delta‑9 THC—alongside other variants like delta‑8 and delta‑10—to be sold and consumed, often with little oversight. Yet, by the letter of the law, recreational cannabis remains illegal. Possession of even two ounces of marijuana can lead to a Class B misdemeanor—up to 180 days in jail and a $2,000 fine—while the exact same psychoactive compound is freely available in hemp products.
This regulatory mush serves no one. It creates unfair burdens on Texans who choose flower over gummies or vapes. More troublingly, it arms law enforcement and prosecutors with arbitrary discretion—if a product exceeds 0.3 percent THC, it’s criminal; if it doesn’t, it’s legal. The reality is muddled for consumers and law enforcers alike.
Abbott’s Veto: Tactical Genius or Policy Confusion?
Abbott’s veto is arguably sound tactically. SB 3 was likely unconstitutional under the federal 2018 Farm Bill, and would have triggered long, costly litigation like the Arkansas model. The Arkansas law, passed in 2023, was immediately blocked by federal courts and remains unenforceable. Abbott, a former Supreme Court justice, clearly understands that half‑measures often cause more harm than good.
That said, Abbott’s insistence that hemp‑THC “must be regulated like alcohol” begs the obvious question: if Texas can regulate intoxicants responsibly—through licensing, age restrictions, testing, labeling, and taxation—why can’t it just do the same with cannabis? The logic breaks down under scrutiny.
Let’s Regulate the Whole Thing—Not Just a Piece
The core of Abbott’s argument is sound: regulation, not prohibition. He advocates for adult‑only access (21+), child‑resistant packaging, product testing, warning labels, sale hour limits, signage restrictions, permit systems, and proximity controls—all akin to alcohol regulation
That’s where we should start. But why stop at hemp? Cannabis flower and concentrates are already illegal not because they are uniquely harmful, but because they are unregulated. With the rise of illicit supply and inconsistent education, Texans are using cannabis regardless—often without knowing what they’re consuming.
A regulated adult‑use program would:
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Standardize potency testing, eliminating the guesswork from users and reducing dangerous overdoses.
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Limit illicit market reach, removing the incentive to buy from unvetted sources.
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Generate revenue, allowing Texas to invest in education, addiction treatment, and youth prevention.
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Protect public safety, with clear rules on DUI, public consumption, and advertising—mirroring states that have already done this safely.
The Time Is Now
Texas is already buying what it won’t sell. The hemp‑THC market is booming—worth over $4 billion and employing tens of thousands—yet it’s operating in legal grey zones . That’s unsustainable and unfair. Why endure this pseudo‑prohibition when mindful regulation could bring clarity, health, and tax revenue?
Abbott is right to reject SB 3—but regulating only hemp while clinging to cannabis prohibition is nonsensical. Texans deserve consistency. If we can regulate alcohol responsibly, surely we can do the same for all cannabis products.
Conclusion
Gov. Abbott’s veto of SB 3 is a welcome step away from knee‑jerk prohibition. His framing—“regulate like alcohol”—is the key. But let’s not half‑finish the job. Texans deserve a comprehensive, adult‑use cannabis policy that aligns with our values of common sense, public safety, and personal freedom.
Let July’s special session be more than a reshuffling of hemp‑only laws. Instead, let it be the opening act for a smarter, fairer, more rational cannabis policy—one where Texas leads the nation, not shadows it.
