Texas: All-Out War on THC Products Like Delta-8

An intense legislative battle is underway in Texas during a special session convened to debate a ban on nearly all consumable hemp products containing THC, such as the popular Delta-8. The measure pits lawmakers who claim public health risks against an emerging industry that creates thousands of jobs.

The future of Texas' multibillion-dollar hemp industry hangs in the balance. State lawmakers are in special session debating Senate Bill 5, a proposal that, if passed, would impose one of the strictest bans in the country on hemp-derived products containing any detectable amount of THC, including psychoactive compounds like Delta-8 and Delta-10.

This entire controversy arose from a legal loophole. In 2019, Texas legalized industrial hemp, defining it as cannabis plants with less than 0.3% Delta-9 THC (the primary psychoactive compound in marijuana). However, the law failed to provide for the possibility that CBD, a non-psychoactive compound abundant in hemp, could be chemically synthesized to create THC isomers like Delta-8, which are psychoactive.

This loophole allowed a legal "gray market" to explode, with stores across the state selling gummies, vapes, and other products that offer consumers a marijuana-like experience.

The debate at the Texas Capitol has polarized lawmakers and the public, with two main arguments colliding:

• Pro-ban: Led by Senator Charles Perry and Lieutenant Governor Dan Patrick, this group argues that the products are "potentially deadly," unregulated, and marketed in ways that appeal to children. They claim the industry uses "deceptive science" to circumvent the law and that a total ban is the only way to protect public health, especially that of children.
• Against the ban: Representatives of the hemp industry and consumers argue that a ban would destroy thousands of small businesses and put hundreds of workers out of work. They argue that many adults rely on these products as a wellness alternative and that the solution is not a ban, but responsible regulation that includes age limits (21+), child-resistant packaging, and quality controls.

Governor Greg Abbott finds himself in a crucial and complex position. In the regular session, he vetoed a nearly identical prohibition bill (SB 3), arguing that it would be shot down in court. Now, despite calling the industry "dangerously underregulated," he appears to be leaning toward a compromise: a ban on certain synthetic products but allowing the sale of products with very low doses of Delta-9 THC to adults. This stance puts him at odds with the more hawkish wing of his own party in the Senate, which is seeking a near-total ban.

The outcome of this special session will not only define the future of a massive industry in Texas, but will also set a precedent for how conservative states deal with the unintended consequences of federal hemp legalization.