HOPING GOV. ABBOTT WILL SIGN THE BAN ON THC PRODUCTS INTO LAW WHEN IT REACHES HIS DESK

Texas House bans THC products, reduces criminal penalty for possessing intoxicating hemp 

 

by Dylan McKim

 

kxan

May 23, 2025

 

Texas is about to ban products with low levels of THC, which can give consumers a similar experience as marijuana. 

 

AUSTIN — The Texas House of Representatives approved a bill that will fully ban any consumable hemp products that contain THC, the psychoactive ingredient in marijuana that gives its consumer a high. It is one of the last hurdles before the bill is sent to the governor’s desk for signature.

Most of the debate happened on Wednesday night, but State Rep. Joe Moody, D-El Paso, offered an amendment to address the criminal penalty related to this bill before members officially passed the ban out of the lower chamber on Thursday.

Before Moody’s amendment, anyone convicted of possession of a consumable hemp product containing any other cannabinoid besides CBD or CBG would be issued a Class A misdemeanor, the most serious type of misdemeanor which carries jail time and a fine.

Moody offered an amendment that lowered the penalty for the first two offenses to a Class C misdemeanor, which could be deferred with community service. Any offense after that would be a Class A misdemeanor punishable by up 180 days in jail and a fine between $250 and $2,000.

“The enforcement of this needs to be stair-stepped. Arresting someone right out for something they bought at the corner store just a few months ago before this went into effect is really not the right way to stair-step in,” Moody said while laying out his amendment.

A person convicted of possession of intoxicating hemp would also have their driver’s license suspended 30 days on the first offense, 60 days on the second offense, and 180 days on the third offense. The amendment passed 107-30.

On Wednesday night, the members of the House had to address whether the state would remove products with THC or heavily regulate them, making sure they are not packaged in a way to entice children.

State Rep. Ken King, R- Canadian, laid out his bill Wednesday night which would have banned synthetic THC, like Delta 8, and edibles and snacks that contain THC. However, it would legalize drinks with less than 0.3% THC, which is the federal limit, but would require strict testing to make sure manufacturers are not going over that limit.

The bill would also not allow stores that sell these products to be near schools, a concern for Republicans like Lt. Gov. Dan Patrick, who has called for the complete ban of THC products. State Rep. Tom Oliverson, R-Cypress, offered an amendment do just that. Oliverson said his bill is not banning hemp, which can be used for agricultural purposes, but is actually “banning high.”

Some members who are veterans raised questions about the veteran population that uses THC products to help treat post-traumatic stress disorder. Currently the state has the Texas Compassionate Use Program, or TCUP, which gives some people access to low-THC products to treat certain conditions, but there are complaints it is not expansive enough. Oliverson’s amendment would not impact the products used in the TCUP.

King passed a bill to expand TCUP, HB 46, but doubts were raised on the House floor that it may not be approved in the Senate. As debate and questions were thrown on the House floor about TCUP, Lt. Gov. Patrick posted on social media, “I am in full support of expanding the TCUP. We will expand licenses and have satellite locations for the first time for prescribed products from doctors for our veterans and those in need.”

The House ended up going with Oliverson’s version of the bill in an 83-56 vote.