The Texas Senate has once again passed legislation to ban hemp products containing THC, directly contradicting Governor Greg Abbott’s repeated requests for regulation over prohibition. On August 19, 2025, the upper chamber voted 22-8 to advance Senate Bill 6, marking the third attempt by lawmakers to criminalize consumable hemp products in Texas.
A Battle Between Branches of Government Of Texas Hemp Regulation
This legislative saga began during the regular session when lawmakers initially passed Senate Bill 3, which would have banned hemp products containing any detectable amount of cannabinoids other than CBD and CBG. Abbott vetoed that measure in June, citing his preference for regulation over prohibition and describing hemp as a “lawful agricultural commodity.”
Despite the governor’s clear position, Lieutenant Governor Dan Patrick and Senate Republicans have remained steadfast in their prohibitive approach. The constitutional tension is somewhat noticeable—the Texas Constitution typically bars state lawmakers from passing legislation in special sessions that veers from the governor’s proclamation.
Abbott’s ask for the second special session specifically called for lawmakers to “comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning lawful hemp-derived products.”
Industry Stakes Run High
The implications of this legislative standoff extend far beyond Austin’s political halls. Texas boasts one of the largest hemp industries in the United States, supporting approximately 50,000 jobs and contributing between $6 billion and $10.3 billion to the state economy, according to Whitney Economics.
Senate Bill 6 would prohibit the manufacture and sale of products containing any amount of hemp-derived compounds other than non-intoxicating CBD or CBG. Under the proposed legislation, even possession of prohibited hemp products would constitute a Class C misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
Public Opinion Versus Political Will
The disconnect between public sentiment and legislative action adds another layer of complexity to this issue. A June 2025 poll from the University of Texas/Texas Politics Project revealed that 53% of likely Texas voters oppose a THC hemp product ban, while only 31% support prohibition.
Industry advocates point to additional polling data showing even stronger support for regulation. A March 2025 poll conducted by Baselice & Associates found that 68% of likely Texas voters supported regulating THC hemp products versus 20% who supported an outright ban.
Notably, that same poll found Republican voters supporting legal THC products at double the rate they wanted them banned.
Legislative Mechanics and Timeline
The current version, Senate Bill 6, mirrors previous attempts but carries new urgency due to constitutional timing requirements. If lawmakers want to preserve their ability to override a potential gubernatorial veto, they must send the bill to Abbott by September 3—ten days before the session’s sine die adjournment date.
This timing constraint becomes crucial given Abbott’s history with this legislation. The last time the Texas Legislature successfully overrode a gubernatorial veto was in 1979, making such an outcome historically unlikely.
House Democrats previously disrupted the legislative process by breaking quorum during the first special session, protesting a GOP redistricting plan. Their return to the Capitol has cleared the procedural path for hemp legislation to advance.
Federal Context and Constitutional Questions
The debate occurs against a backdrop of federal hemp legalization under the 2018 Farm Bill, which allows hemp products containing up to 0.3% THC by dry weight. Abbott has referenced this federal framework in his calls for regulation rather than prohibition.
Legal observers note the unusual constitutional position of lawmakers directly contradicting their governor’s special session proclamation. The Texas Constitution generally limits special session topics to those designated by the governor, raising questions about the legislative branch’s authority to pursue prohibition when regulation was specifically requested.
Economic and Political Ramifications Of Proposed Texas Hemp Regulation
Beyond the immediate policy implications, this legislative battle highlights a larger tension within the Republican Party between business-friendly policies and social conservative positions.
The hemp industry has argued that prohibition would devastate thousands of small businesses across Texas while driving commerce to neighboring states with more permissive regulations.
Senator Charles Perry, the bill’s sponsor, has maintained that public health concerns outweigh economic considerations. Speaking before the Senate vote, Perry claimed that ““It’s the same bill we passed out in the first special session, more and more information comes out every week regarding the impact and effects of THC on the brain, the body and long-term use.”
As Senate Bill 6 moves to the House of Representatives, the legislation faces an uncertain future. While similar bills have previously passed the House, the specific dynamics of this special session—combined with Abbott’s clear opposition—create a complex political environment.
The governor retains several options, including another potential veto or the possibility of excluding hemp issues from any future special session agendas. For an industry that has grown exponentially since federal legalization, the stakes couldn’t be higher.
