Texas Senate Advances SB5 Amid Heated Debate
In a marathon hearing that highlighted deep divisions over cannabis policy in Texas, the Senate State Affairs Committee on Tuesday advanced Senate Bill 5 (SB5), a measure aimed at prohibiting the sale of consumable hemp products containing detectable levels of THC. The bill, which passed unanimously out of committee on a 10-0 vote, now heads to the full Senate for consideration during the ongoing special legislative session called by Governor Greg Abbott. This development reignites a contentious debate over regulating-or outright banning-intoxicating hemp derivatives, a market that has surged since the 2018 federal Farm Bill and Texas’s 2019 hemp legalization law.
The Bill’s Core Provisions and Background
SB5, authored by Senator Charles Perry (R-Lubbock), targets products with delta-8, delta-9, and other THC variants, banning any consumable hemp item with more than trace amounts of these compounds. It also imposes strict limits on CBD and CBG products, effectively reshaping the state’s hemp industry. Proponents frame the legislation as a necessary crackdown on what they describe as a regulatory “wild west,” where high-THC edibles, vapes, and gummies are sold openly in convenience stores, often without age verification or proper testing.
The bill revisits elements of SB3, a similar measure vetoed by Governor Abbott earlier this year. Abbott’s veto cited concerns over overreach, but he included hemp regulation among 18 items in this special session, signaling a willingness to address the issue amid pressure from Lieutenant Governor Dan Patrick, who presides over the Senate. Patrick has been vocal in his support, arguing that allowing intoxicating hemp for adults over 21 would amount to “backdoor” legalization of recreational marijuana. The special session, costing taxpayers over $4 million, must conclude within 30 days, adding urgency to the proceedings.
A Packed Hearing: Voices from Both Sides
The hearing, held in the Senate Chamber starting at 9:00 a.m. and stretching nearly seven hours, drew testimony from a diverse array of stakeholders, including law enforcement officials, medical experts, veterans, farmers, and business owners. Supporters of SB5 emphasized public safety risks, particularly to youth, and the challenges of enforcing current regulations.
Senator Perry set the tone by likening the situation to “Groundhog Day,” highlighting repeated failed attempts at oversight. He cited a study to argue that the ban would affect only a small fraction of businesses, but opponents quickly challenged the study as flawed, claiming it significantly underrepresented the number of businesses-relied upon by thousands of Texans for jobs and revenue-that would face closure under SB5. Perry maintained that the state lacks the infrastructure, such as labs and trained personnel, to effectively monitor product potency, labeling, and sales. Allen Police Chief Steve Dye, representing the Texas Police Chiefs Association, echoed these concerns, noting that many retailers flout existing limits, selling items far exceeding the 0.3% THC threshold. He warned that proper enforcement would require decades of investment
Medical testimony for the pro-ban arguments came from Dr. Lindy McGee, a pediatrician at Texas Children’s Hospital, pointed to rising THC use among teens and the lack of proven treatments for cannabis addiction. She advocated for stricter age limits, suggesting even 21 might not suffice given ongoing brain development into the mid-20s.
Opponents, however, painted a picture of economic devastation and lost therapeutic access. Hemp industry representatives argued for targeted regulations-like age restrictions, child-resistant packaging, and potency caps-rather than a blanket ban that could shutter thousands of businesses and eliminate jobs. Eddie Velez, a North Texas cannabis farmer and retailer, called for policies that protect consumers and prevent underage access without criminalizing legitimate enterprises.
Personal stories underscored the human stakes. Naval veteran Romana Harding testified about using affordable THC products to manage PTSD, warning that SB5 would push her toward unregulated online sources, as options under the Texas Compassionate Use Program (TCUP) are prohibitively expensive. Nicholas Mortillaro, a chemical engineer and hemp shop owner, described the bill as a “de facto ban” that would wipe out 90-95% of his revenue. The Texas Hemp Business Council cited overwhelming public opposition, with 150,000 Texans signing petitions against the ban and polls favoring regulation over prohibition.
Critics also raised concerns over perceived inconsistencies. Testimonies questioned why lawmakers focused on THC’s dangers while ignoring alcohol’s toll on health, addiction, and fatalities, amid whispers of influence from the alcohol industry on politicians. Some accused proponents of spreading misinformation by conflating natural hemp products with synthetic drugs like K2 or Spice.
Turnout for opposition was reportedly lower than expected, which advocates attributed to short notice for the hearing-potentially a tactic to minimize public input.
What’s Next: Senate Vote, House Hurdles, and Potential Challenges
With committee approval secured, SB5 could hit the Senate floor soon. However, its fate in the House remains uncertain. The lower chamber has historically leaned toward regulation rather than bans, and Governor Abbott’s office has expressed interest in a framework allowing heavily regulated, non-intoxicating hemp for adults over 21.
Legal experts warn of potential court battles, citing federal preemption under the 2018 Farm Bill and recent rulings in other states that have struck down similar restrictions. As Texas grapples with this issue, the debate reflects national tensions over cannabis reform, pitting public health concerns against economic freedoms and medical needs.
This special session’s outcome could reshape an industry worth billions, affecting everything from corner stores to veterans’ care. Stakeholders on both sides are watching closely, ready to mobilize as the bill advances.