Texas Bills To Ban Consumable Hemp Products With THC Stall Out During Special Session

After several months of fiery debate and tearful testimonies over the prospect of banning THC statewide, proposed measures to do so have stalled in the Texas House.

Senate Bill 6, which would have created a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis, hasn’t been heard in a House committee after the Senate passed it August 19. The House’s version of the bill hasn’t been heard in its chamber’s committee either.

Ten days might not be long for a bill to sit dormant during a regular legislative session, but with state leadership suggesting that the current special legislative session could wind down in the coming days, lawmakers would have to move fast on THC upon reconvening after Monday’s holiday.

Without further regulations or a ban being discussed by lawmakers in the House, the most likely scenario is that hemp-derived THC remains legal in Texas, but with more enforcement of current laws restricting the drug.

“It seems like a lot of people don’t want anything to do with it,” said Lukas Gilkey, chief executive of Hometown Hero, an Austin-based manufacturer of hemp-derived THC products. “It’s a hot potato.”

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South Dakota Medical Marijuana Industry Cheers Sting Operations On Hemp Product Sellers

South Dakota’s medical cannabis industry voiced its support for sting operations targeting sellers of hemp products that create a marijuana-like high.

The comments from Jeremiah Murphy, a lobbyist for the Cannabis Industry Association of South Dakota, came during Tuesday’s meeting of the state’s Medical Marijuana Oversight Committee.

Murphy’s association represents the state’s 116 licensed medical cannabis cultivators, manufacturers and dispensaries.

The industry “commends the Pennington County Sheriff’s Office” for its sting operation targeting hemp-based THC products at eight Rapid City-area smoke shops and convenience stores, Murphy said.

Law enforcement bought samples of gummies, THC drinks and other products with “hemp-derived” ingredients. Strains of THC is a family of high-inducing molecules found in large concentrations in the cannabis plant.

The hemp plant is a cousin to cannabis that contains tiny quantities of THC. Hemp-derived intoxicants often get their THC from chemically modified or distilled CBD. CBD is a different, nonintoxicating molecule found in cannabis and hemp.

Hemp is legal to cultivate under the 2018 farm bill, and hemp-derived products are legal under federal law. Since mid-2024, however, South Dakota has barred the sale–but not the possession–of products made with chemically synthesized versions of THC.

The Rapid City compliance check followed a July 10 letter from Pennington County State’s Attorney Lara Roetzel to businesses suspected of unlawful hemp sales.

Katy Urban, spokeswoman for Roetzel’s office, says the agencies are waiting for testing results to determine if any laws were broken.

Sioux Falls Police Department spokesman Aaron Benson said the SFPD has performed one compliance check, and is waiting on results from a lab test to determine how to proceed with one case. Benson declined to say how many businesses were visited, citing the open investigation.

Committee hears support for compliance

At Tuesday’s medical marijuana committee meeting, Murphy repeated an assertion he’s used for nearly two years now:  The availability of hemp-derived alternatives to medical cannabis puts the state’s highly regulated medical marijuana industry at a disadvantage.

“Why do I go to a doctor and pay him, and why go pay the state to pay even more money, when I can go to the vape shop, or I can go to the hemp store and they’re selling exactly what I need?” Murphy said.

The number of medical marijuana cards issued in the state stands at around 14,000, but changes slightly every day, Whitney Brunner of the Department of Health told the medical marijuana committee Tuesday.

“Any data point presented on patient cards is representative of a snapshot in time,” Brunner said.

Cards issuance has picked up slightly since voters rejected a ballot measure to legalize recreational cannabis last fall, but remained at about 14,000 as of this week. A little more than 70 percent of the cards have been issued to people for the management of chronic pain, Brunner told the committee.

Medical cannabis purveyors supported the law banning the sale of synthetically altered hemp products, but the law hasn’t led to a crush of cases against sellers. Around 100 charges had been filed as of last month, between juvenile and adult cases, according to the Unified Judicial System. Several of those charges were attached to individual defendants.

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Texas Senate Again Votes To Ban THC Hemp Products Despite Governor’s Push For Regulations

As the second special session of the Texas legislature commences, the state Senate has again approved a bill to that would ban hemp THC products.

Despite Gov. Greg Abbott (R) renewing his call for a regulatory model for intoxicating cannabinoids and an age limit of 21 to purchase such products, the Senate on Tuesday passed legislation from Sen. Charles Perry (R) to recriminalize the market in a 22-8 vote on third reading consideration. A day earlier the body had given initial approval to the measure on second reading.

This comes days after the Senate State Affairs Committee unanimously approved the proposal, which followed the full Senate’s passage of an identical bill in the first regular session this year.

“Nothing’s changed, other than the fact that more and more information comes out every week regarding the impact and effects of THC on the brain the body and long term use, and the impacts of that,” Perry said ahead of the initial vote on Monday. “This stuff is not good and it’s harmful for those that use it, specifically on a long-term basis.”

Before Tuesday’s final vote, Perry claimed that “every state that has legalized recreational pot may have less people in prison, but they have more people laying on the street—and definitely, from a business community, less people working because of lost productivity.”

“With that, I hope that the ban goes through…and sends a strong message: We don’t need to be another California, Colorado, Oregon, New Mexico, New York City,” he said.

Democratic House lawmakers staged a walkout during the first special session Abbott convened—denying the chamber a quorum in protest of a proposed redistricting plan for the state’s congressional map. Now as those members have ended their protest and head back to the legislature, hemp legislation is advancing again.

The bill approved by the Senate would continue to outright ban cannabis products with “any amount” of cannabinoids other the CBD and CBG. Even mere possession of a prohibited cannabis item would be punishable as a Class B misdemeanor, carrying up to 180 days in jail and a $2,000 fine.

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Texas Crime Labs Say They Don’t Have Enough Resources To Test Hemp Products For THC As Lawmakers Consider Ban

As Texas lawmakers debate whether to regulate or ban THC products, officials with the state’s crime labs say they don’t have the resources currently to enforce whatever law is passed.

“From a crime lab perspective, mercifully, we don’t have a dog in that fight. I really don’t care. Just tell me what I need to test, and then I need resources to be able to provide that result,” Peter Stout, president and chief executive officer for the Houston Forensic Science Center, told The Texas Tribune after he testified before the House Public Health Committee on Wednesday. “Otherwise, I become the reason the wheel falls off this wagon, which has basically been the last six years now.”

Wednesday’s committee hearing centered on House Bill 5, which would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. This bill would eliminate the majority of hemp products, including those that are legal under the federal definition.

”There’s been countless reports of artificial and synthetic cannabinoids and their effects on the consumer, and these products have become readily available,” said Rep. Gary VanDeaver, R-New Boston, the committee’s chair and HB 5’s author. “Some of these products are marketed in a way that is attractive to children, for example common food products, like candy.”

The Senate’s version of the bill also calls for a ban, but since Gov. Greg Abbott (R) earlier this year vetoed similar legislation that would have banned THC, some lawmakers have signaled they’d support more regulations over a ban.

Kim Carmichael, spokesperson for House Speaker Dustin Burrows, R-Lubbock, told The Texas Tribune that the House hasn’t committed to a ban.

“HB 5 was filed as a similar bill to what the House passed in the regular session, because that’s the most logical starting point for negotiations,” Carmichael said. “Since it passed in that form, members believed they should resume debate where it ended up. It would still go through the process of a public hearing and floor debate, so where it ends up is unknown at this time.”

Experts invited by lawmakers on Wednesday to talk about THC largely focused on the health dangers of THC, the possible criminal networks that underlie the industry, and the impossible task of enforcement.

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Texas DA known for naked stunts faces five years in prison after posting video of herself smoking weed in her garden

Best known for a viral video in which she straddled an oil pumping jack while topless and bottomless, a Texas elected official now faces jail time after smoking a joint on TikTok.

District Attorney Sarah Stogner, 41, could be incarceration after she posted a social media video of herself smoking weed in protest of a state ban on THC, the active ingredient in marijuana. 

The Republican made headlines in 2022 when she posted the viral clip of her riding the oil pump jack at the time she was running to be the state’s railroad commissioner.

Stogner, now the DA of Texas’s 143rd judicial district near Pecos, hopes her latest stunt might shame Texas into legalizing weed – especially if she is arrested and made a martyr for the cause. 

‘I did this to raise attention,’ she told Newsweek

‘Its silly that our elected officials want to completely ban THC when that’s not what our constituents want.’

Medical marijuana is legal in Texas, but recreational use of the drug is not. 

And in recent weeks, Lone Star State lawmakers passed a bill banning any products containing any ‘detectable amount of any cannabinoid.’

If signed into law, the bill would outlaw the majority of hemp products, including those that are legal under the federal definition in Texas. 

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New Mexico Environment Department bans production of synthetic hemp in the state

The New Mexico Environment Department is doing what it can to regulate deceptive hemp products sold in stores by issuing an emergency ruling to ban the manufacturing of synthetic cannabinoids in New Mexico. “They’re putting something in their body without knowing what it is and without understanding what the effects may be. We believe that puts people at a significant health risk,” said John Rhoderick, Deputy Cabinet Secretary of Administration, New Mexico Environment Department.

Synthetic cannabinoids are products chemically altered to give similar effects to THC and are often sold at convenience stores with little regulation. This issue was at the center of a Larry Barker investigation, exposing the problem of cannabis products being identified as hemp, allowing them to be sold anywhere. A bill from last legislative session aimed to make it illegal for synthetic cannabinoids to be made or sold in New Mexico, but that bill failed.

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Texas Democrats’ Walkout Over Redistricting Endangers Hemp Ban Legislation

Texas Democratic House lawmakers are leaving the state to prevent a vote on redrawing the state’s congressional district map in Republicans’ favor—a move that could lead to a stalemate on a Senate-passed bill to ban hemp products containing any THC.

The cannabis legislation moved through the Senate on Friday and is now in the House’s court. But without a quorum, the chamber won’t be able to conduct legislative business as Democratic lawmakers flock to other states such as Illinois and New York—a strategy that’s produced mixed results in the past.

Gov. Greg Abbott (R) has threatened to remove those legislators from the House if they fail to show back up, and he also said members who received any financial support to leave the state could be subject to prosecution for felony bribery violations.

But in any case, time is running short in the special session the governor convened to address a series of outstanding issues, including legislation related to hemp cannabinoid products. Abbott vetoed an earlier version of the controversial ban, and he recently outlined what he’d like to see in a revised version of the bill.

The special session started on July 21. Under the state constitution, special sessions cannot last longer than 30 days, meaning a quorum would need to be reestablished before August 20 if any bills are to move. Of course, nothing prevents the governor from calling another special session once that deadline passes.

“The path forward for legislation during this special session is unclear, including whether or not a THC ban could advance,” Heather Fazio, director of the advocacy group Texas Cannabis Policy Center, told Marijuana Moment on Monday.

“The status quo is certainly better than THC being banned outright, but we hope the legislature can sort through their differences and find a way to pass common sense regulations that restrict youth access, at minimum,” she said. “We are continuing our advocacy and working with those remain in the building to ensure they understand, the issue can make good decisions when the time comes. That could be later during this first special session or during the next one.”

Austin Zamhariri, executive director of Texas Cannabis Collective (TCC) said that “Texans have been fighting a total hemp consumable ban since it was announced by Lt. Gov. Dan Patrick (R) in December of last year.”

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California Moves to Ban Hemp Wellness Products — And the Weed Nuns Are Fighting Back

California’s Department of Public Health is pushing a new rule — and the timing couldn’t be worse.

A proposed regulation, known as DPH-24-005, would dramatically restrict access to hemp-derived wellness products across the state. The rule aims to prohibit the sale of any hemp topical, capsule, or tincture with more than trace amounts of THC (including naturally occurring Delta-9), even if federally legal and non-intoxicating. Critics say it would wipe out entire categories of hemp products — from calming balms to sleep aids — and gut small, community-driven businesses in the process.

One of the most vocal opponents? The Sisters of the Valley — better known as the “Weed Nuns” — a group of spiritual, feminist cannabis growers based in Merced County.

A Ban That Hits Small Operators Hard

“This is the Public Health Department caving to the dispensary lobby and consolidating the market further than they already have. This is a direct hit to small farms and small operators,” the Sisters warn.

According to the Sisters, the rule would criminalize their signature offerings: non-intoxicating, CBD-rich salves and oils crafted by hand in their small-scale, women-run operation. They argue that DPH-24-005 threatens not just their livelihood, but also consumer access to safe, plant-based alternatives.

They’re not alone. Dozens of California hemp farmers, herbalists, and activists are mobilizing to oppose the measure, saying it caters to the interests of cannabis corporations looking to eliminate competition from the hemp side of the market.

A Moment to Speak Out

A public hearing on the rule will be held via Zoom on Sunday, July 28, 2025, at 10:00 AM Pacific. Anyone in California — and beyond — can participate, and written comments will be accepted until July 30.

The Sisters have launched a campaign urging Californians to show up, speak out, and submit public comments before it’s too late.

“We ask our customers and fans to stand with us,” they wrote. “Not because we need more sales. But because the people’s medicine should not be outlawed by corporate lobbying.”

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GOP Senator Threatens To Block Spending Bill If Hemp THC Product Ban Stays In, Sources Say

A GOP senator is threatening to hold up a major spending bill unless changes are made to provisions that would currently ban most consumable hemp products, which stakeholders say would decimate the industry.

Multiple sources familiar with discussions around the legislation tell Marijuana Moment that Sen. Rand Paul (R-KY) is intent on preventing the outright ban that was included in the Senate’s agriculture appropriations bill that advanced out of committee and now awaits floor action.

The prohibitionist organization Smart Approaches to Marijuana (SAM) Action sent out an alert to its supporters on Friday, urging them to contact their representatives to push back against Paul’s efforts.

“The United States Senate is poised to overwhelmingly pass legislation banning hemp intoxicants, but Kentucky Senator Rand Paul is holding the bill hostage until he kills the hemp language,” it said. “Senator Paul wants to create a carve out for THC products like hemp beverages, in effect legalizing marijuana federally.”

While one source indicated that the senator was primarily focused on creating a carveout for hemp-derived THC beverages, two others who are aware of the conversations told Marijuana Moment that wasn’t the case. The exact scope of what Paul is aiming to achieve is unclear, but they say the senator is seeking a more holistic change to the controversial hemp language in the bill.

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Bipartisan Senators Agree To Delay Planned Federal Hemp Product Ban For One Year

A powerful Senate committee has approved a bill that contains provisions hemp industry stakeholders say would devastate the market by banning consumable hemp products with any “quantifiable” amount of THC. However, bipartisan members agreed to delay the implementation of the ban for one year.

On Thursday, the Senate Appropriations Committee passed Agriculture, Rural Development, FDA spending legislation that covers the next fiscal year—and also includes provisions that would significantly revise hemp laws following the crop’s legalization under the 2018 Farm Bill.

The bill “closes the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products being sold across the country,” a committee summary says.

Ahead of the panel vote, several sources told Marijuana Moment that Sen. Mitch McConnell (R-KY), who championed hemp legalization through that 2018 legislation while serving as majority leader, was behind the restrictive cannabis language, vying to redefine his legacy by recriminalizing intoxicating cannabinoid products such as delta-8 THC.

At Thursday’s hearing, Sen. Jeff Merkley (D-OR) said he appreciates McConnell’s concerns but worries that the new prohibition would be overbroad and impact even non-intoxicating products, saying the language “addresses one very important issue, but causes another problem.”

“It’s been a privilege to work with Senator McConnell on hemp,” he said. “We first brought to this committee the idea that research should be done on hemp, and then later we put in an amendment that proceeded to allow seeds to be transferred across states, and now there is a hemp industry.”

“The important issue it addresses is not allowing hemp to be grown to produce hallucinogenic products, and that, unfortunately, due to the magic of laboratories, has occurred,” Merkley said. “But then there are other products that come from hemp such as CBD that has, in fact, been a significant factor as a healthcare supplement in many, many products across America that does not have a hallucinogenic effect.”

“I would like to continue to work with Senator McConnell to see if we can develop, in the course of this year, a definition that addresses hallucinogenic factors but does not eliminate the CBD product that is non hallucinogenic [and] that is valued by many Americans across the land,” he said.

“I know that there’s important work to be done on the hemp, but this one year [delay] will enable our farmers who are growing hemp currently to produce this year’s crop within the existing framework, and we’ll have a conversation over the coming year,” Merkley said.

McConnell appeared less interested in using the year to establish an alternative regulatory framework, saying that he’s simply agreeing to “give our hemp farmers ample time to prepare for their future.”

“The 2018 Farm Bill federally legalized hemp as an agricultural product,” the senator said. “This language had an unintended consequence that has allowed for intoxicating hemp-derived synthetic products to be made and sold across our country.”

“These intoxicating products have flooded the market in the absence—no regulatory structure, and [businesses] often use deceptive and predatory marketing towards children with packaging and logos similar to existing food products such as Oreos, candy, gummies and cereals,” McConnell said.

“The way I see it, the language I helped secure takes us back to the original intent of the 2018 Farm Bill, and closes this loophole,” the former Senate majority leader said, adding that the hemp provisions prior agriculture legislation “sought to create an agricultural hemp industry—not open the door to the sale of unregulated, intoxicating lab-made, hemp-derived substances with no safety framework.”

The hemp language in the new Senate spending bill is nearly identical to what the House Appropriations Committee passed late last month, with noted cannabis prohibitionist Rep. Andy Harris (R-MD) leading the charge.

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