Texas lawmakers concluded their second special legislative session Wednesday night without passing Senate Bill 6, leaving most hemp-derived THC products legal across the state. The failure to act represents a significant victory for the hemp industry after months of uncertainty surrounding potential prohibition measures.

The legislative impasse highlights the ongoing tension between Governor Greg Abbott’s preference for regulation over prohibition and Lieutenant Governor Dan Patrick’s push for a complete ban on consumable hemp products. Despite clearing the Texas Senate on August 19, Senate Bill 6 never received a hearing in the House Public Health Committee, effectively killing the measure.

A Year-Long Battle Over Hemp Regulation

The cannabis legislation saga began during the regular session when lawmakers initially passed Senate Bill 3, which would have banned all hemp products containing detectable amounts of cannabinoids beyond CBD and CBG. Abbott vetoed that measure in June, citing constitutional concerns and his preference for a regulatory approach rather than outright prohibition.

Abbott’s veto statement emphasized that banning federally legal hemp products would create a collision between state and federal law. The 2018 federal Farm Bill legalized hemp and its derivatives containing less than 0.3% THC, establishing a framework that Abbott argued should guide Texas policy.

Rather than supporting prohibition, the governor called for regulation including age restrictions, potency limits, testing requirements, and enhanced enforcement mechanisms. He specifically requested that lawmakers focus on protecting children while preserving the legal hemp industry that supports thousands of jobs across Texas.

Political Divisions Emerge Within GOP Leadership

The hemp debate exposed rare public disagreement between Abbott and Patrick, two Republicans who have largely aligned throughout their decade serving together in state leadership. Patrick remained steadfast in his position that only a complete ban would adequately protect Texans, particularly youth, from what he characterized as dangerous products.

Patrick’s office estimated that over 8,000 retail businesses across Texas sell hemp-derived THC products, arguing that such a vast market would be impossible to regulate effectively. During Senate floor debate, Patrick displayed dozens of THC products currently available on the market, emphasizing concerns about their appeal to minors and potential health risks.

The lieutenant governor’s announcement Wednesday evening that lawmakers could not reach agreement came after last-minute negotiations between top Republican leaders. Patrick posted on social media that despite “long discussions” with Abbott and House Speaker Dustin Burrows, no compromise could be reached.

After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution. I appreciate the effort by Gov. @GregAbbott_TX to find a solution. I thank Speaker Dustin @Burrows4TX and Republican…

— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) September 4, 2025

Hemp Industry Celebrates Narrow Victory

Industry representatives expressed relief at the legislative outcome while acknowledging that future challenges remain likely. Cynthia Cabrera, president of The Texas Hemp Business Council, described the ban as “wildly unpopular” and noted the disconnect between legislative efforts and public opinion.

Polling data consistently showed majority opposition to hemp product bans among Texas voters. A June 2025 University of Texas survey found 53% of likely voters opposed THC product prohibition, while only 31% supported such measures. Earlier polling by Baselice & Associates showed even stronger support for regulation over prohibition, with 68% favoring regulatory approaches.

The hemp industry argues that Texas’s current market supports approximately 50,000 jobs and contributes between $6 billion and $10.3 billion annually to the state economy. Industry advocates contended that prohibition would devastate thousands of small businesses while driving commerce to neighboring states with more permissive regulations.

Medical Cannabis Expansion Provides Some Relief

While hemp regulation dominated headlines, lawmakers did successfully expand medical cannabis access through House Bill 46, which Abbott signed into law earlier this year. The legislation significantly broadened qualifying conditions to include chronic pain, traumatic brain injury, and Crohn’s disease while increasing allowable THC concentrations and expanding the number of licensed dispensaries.

The medical cannabis expansion provided some protection for patients who might have lost access to therapeutic options under a complete hemp ban. The legislation ensures that medical users have regulated alternatives even as broader hemp policy remains unsettled.

Limited Restrictions Take Effect

Despite the failure of comprehensive hemp legislation, some restrictions on cannabis products have taken effect. Senate Bill 2024, passed during the regular session, banned the sale of THC vaping products beginning September 1. The measure prohibits marketing, advertising, and sale of vaping devices containing hemp-derived cannabinoids, though possession remains legal for consumers.

The vaping ban represents one of the most restrictive such laws in the country, effectively eliminating most disposable vape products from the Texas market. Retailers report that vaping products previously accounted for 30-40% of their hemp-related sales, creating immediate financial challenges as businesses adapt to the new restrictions.

Constitutional Questions Remain Unresolved

The legislative battle raised constitutional questions about the relationship between state and federal law regarding hemp regulation. Legal observers noted the unusual situation of state lawmakers pursuing prohibition when hemp products remain federally legal under the Farm Bill.

Additionally, the Texas Constitution generally limits special session topics to those designated by the governor’s proclamation. Abbott’s call for regulation rather than prohibition created potential constitutional issues when lawmakers pursued complete bans contrary to his stated agenda.

The historical rarity of legislative veto overrides in Texas—the last successful override occurred in 1979—made such an outcome unlikely even if lawmakers had managed to pass Senate Bill 6 within constitutional time constraints.

Looking Ahead to Future Sessions

The failure to resolve hemp regulation during special sessions virtually ensures the issue will return during the next regular legislative session.

Abbott has not indicated whether he might call additional special sessions to address hemp regulation, though his previous statements suggest continued preference for regulatory rather than prohibitive approaches.

Patrick’s office has indicated continued support for prohibition measures, suggesting that hemp policy will remain a contentious issue within Texas Republican leadership. The lieutenant governor’s influence over Senate proceedings makes future regulatory proposals likely to face significant obstacles.

Texas Hemp Industry Adapts to Regulatory Uncertainty

Hemp businesses across Texas continue operating under existing laws while preparing for potential future restrictions. Many retailers have diversified their product offerings beyond vaping devices, focusing on edibles, concentrates, and smokable hemp flower that face fewer regulatory challenges.

The regulatory uncertainty has complicated business planning and investment decisions throughout the hemp supply chain. Manufacturers, distributors, and retailers report difficulty making long-term commitments without clarity about future legal frameworks.

Some industry representatives have expressed willingness to support reasonable regulations including age restrictions, testing requirements, and marketing limitations. However, they maintain that outright prohibition would eliminate legal alternatives while potentially increasing illicit market activity.

Federal Policy Implications

Texas’s hemp policy debates occur within a larger national context of evolving cannabis regulation. The state’s large market and conservative political leadership make its regulatory decisions influential for other states considering similar measures.

The failure to ban hemp products in Texas may provide encouragement for industry advocates in other states facing prohibition efforts. Conversely, the political divisions within Texas Republican leadership demonstrate the ongoing challenges facing hemp businesses nationwide.

Federal policy developments, including potential changes to the Farm Bill or Drug Enforcement Administration scheduling decisions, could significantly impact state-level hemp regulation regardless of Texas legislative outcomes.

Economic Impact Continues

The Texas’s hemp industry contributes substantially to state and local tax revenues beyond direct business activity. The industry supports related sectors including agriculture, manufacturing, retail, and professional services throughout the supply chain.

Rural communities particularly benefit from hemp agriculture, with farmers finding the crop more profitable than traditional alternatives in many cases. The regulatory uncertainty has limited agricultural expansion, though existing operations continue under current legal frameworks.

Urban retail businesses face different challenges, particularly in adapting to vaping restrictions while maintaining customer bases built around diverse product offerings. Many shops report success in transitioning customers to alternative consumption methods, though overall sales volumes have declined.

The hemp industry’s survival of this legislative challenge provides some stability for continued economic development, though businesses remain cautious about major expansions until regulatory questions receive final resolution. The coming months will likely see continued policy advocacy from all stakeholders as Texas prepares for future legislative sessions.