Hemp Is Legal, Regulated, and Working for Texans
We urge you to oppose SB 3 and CSSB 3 — bills that would dismantle a thriving industry, harm small businesses and farmers, and push consumers into black markets.
Background: The 2018 Farm Bill, signed by President Trump, federally legalized hemp by defining it as cannabis containing no more than 0.3% Delta-9 THC. This separated legal hemp from illegal marijuana under U.S. law.
Hemp and marijuana are the same plant species (cannabis sativa L.), but legality is based on THC content. CSSB 3 seeks to regulate consumable hemp products in Texas.
Texas hemp industry leaders support strong regulations to protect consumers, ensure product safety, and prevent youth access. However, CSSB 3 needs significant improvements to avoid triggering legal challenges based on federal conflicts, maintain consumer access, and prevent criminalizing lawful businesses.
Problems with SB3
- Eliminates 99% of Legal Hemp Products:
- SB3 bans all hemp-derived products except for CBD and CBG isolates, wiping out most of the industry.
- Creates a Black Market:
- Banning popular hemp products won’t stop consumer demand—it will drive sales underground, leading to unsafe, unregulated products.
- Destroys Jobs and Tax Revenue:
- This bill threatens 53,000 Texas jobs and cuts $267 million in annual tax revenue, impacting local economies statewide.
- Raises Legal Concerns:
- Banning federally compliant hemp products will be challenged as an unconstitutional “taking” of property without just compensation for Texas businesses.
Problems with CSSB3
- Ban on Converted Cannabinoids:
- Converted cannabinoids are bioidentical to those found in nature. The process of converting cannabinoids is a natural chemical transformation that can occur in the plant itself or be replicated safely in a lab for efficiency and cost-effectiveness. There is no credible scientific evidence that these cannabinoids are dangerous.
- Synthesized compounds are common and ingested through everyday products – Caffeine, aspirin, wintergreen, citric acid, vitamin C, Vanilla, Menthol and many more.
- Arbitrary THC Cap (10mg per serving, 1g per package):
- No scientific basis for a 10mg limit. This arbitrary threshold harms veterans, chronic pain sufferers, and Texans using hemp products for anxiety, PTSD, and sleep. It limits their access to affordable, effective relief.
- Unnecessary Restrictions on GMO and Non-Organic Ingredients:
- There is no credible evidence that GMOs are dangerous. Requiring non-GMO and organic certification on every ingredient drives up costs for consumers and limits product options, pushing small businesses out of the market.
- Excessive Licensing Costs:
- High fees will cripple small businesses, creating a barrier to entry for local entrepreneurs while protecting large, well-funded companies.
- Prohibition on Event Sponsorship and Packaging Imagery:
- These restrictions don’t exist for alcohol, which has caused 26,000 alcohol related crashes and 1100 fatalities in 2023. Limiting hemp product branding while allowing aggressive alcohol marketing is hypocritical and anti-competitive.
- Ban on Sales in Stores with Alcohol, Nicotine, or Tobacco:
- This restricts consumer access, making it harder for Texans to find safe, regulated hemp products while benefiting alcohol monopolies.
- Oversight Given to TABC (Alcohol Monopolies):
- The Texas Alcoholic Beverage Commission is dominated by alcohol industry interests, which are actively working to eliminate competition from the hemp industry. This is a clear conflict of interest.
Top Concerns By Legislators
| Concern | Truth |
| “These products aren’t tested.” | Hemp products are subject to existing testing standards and labeling rules. We support enforcing them — not banning the entire industry. |
| “Consumable hemp THC products are a loophole” | Hemp is legal at the federal and state level. The 2018 farm bill was written to specifically include consumable hemp products and all derivatives. |
| “It’s dangerous for minors.” | The hemp industry agrees minors should not have access to these products. The industry has self-regulated and has also supported a 21+ age requirement. We’ve asked for this to become law since legalization in 2019. |
| “It’s synthetic.” | Most hemp-derived cannabinoids are naturally occurring and synthesized from the plant the same way as vitamins and common supplements. This does not mean they are synthetic. The idea these cannabinoids are dangerous is misinformation being pushed by TCUP and alcohol monopolies. Products become dangerous when they are not properly tested for contaminants and byproducts. |
| “Hemp products are unregulated” | This is false. The market has had regulations since 2019 under HB 1325. The industry has asked for additional regulations for consumer safety and to prevent minors from accessing these products. |
Consumable hemp products are already regulated under Texas law. Under Chapter 443 of the Texas Health and Safety Code, all consumable hemp products must:
- Contain no more than 0.3% Delta-9 THC by dry weight
- Be tested by an accredited laboratory for potency, contaminants, and safety
- Be properly labeled with QR codes linking to lab results
- Be registered with the Department of State Health Services (DSHS) for manufacturing and distribution
- Additionally, sales of hemp products to anyone under 21 has been self regulated by the industry.
A Better Path Forword
Texas can ensure safe, regulated hemp products without destroying an entire industry. Rather than an unscientific ban, lawmakers should:
- Collaborate with Industry Experts: Work directly with Texas hemp industry stakeholders to craft reasonable, science-backed regulations that ensure safety without crippling businesses.
- Adopt Smart, Science-Based Standards: Establish clear quality and safety guidelines for hemp products, including accurate labeling, product testing, and age restrictions.
- Ensure Funding is used for Enforcement: State regulators have the resources and must be compelled to enforce safety standards.
- Respect Consumer Choice: Allow Texans access to safe, tested hemp products they rely on for wellness, pain relief, and sleep—just as they can access alcohol or over-the-counter supplements.
- Implement the following regulations:
- Age Gating to 21+
- Child Resistant Packaging
- Setbacks from Schools: No adult hemp product sales within 1,000 feet of schools; existing registered businesses would be grandfathered in.
- Enforcement of existing regulations: The industry has had regulations since 2019 and agrees those rules should be strictly enforced. The health and safety of consumers is a top priority.
A Message to Our Lawmakers:
Texans are watching.
They’re veterans, parents, farmers, small business owners — and they’re relying on you to stand up for freedom, economic opportunity, and common sense regulation.
SB3 and CSSB3 do not represent what Texans believe in. These bills would eliminate access to safe, federally legal products, destroy over 53,000 jobs, and hand regulatory power to special interests.
You have a choice.
You can stand with your constituents — the people who elected you — and vote NO on these overreaching bans. You can help refine the system with smart, enforceable rules that keep Texans safe while preserving access and freedom.
We’re not asking for special treatment.
We’re asking you to protect what Texans already built — and what’s already working.🟩 Vote NO on SB3 and CSSB3.
🟩 Stand for freedom. Stand with Texans.
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