SB 5 (Senate) and HB 5 (House) Push for Total Ban
The Texas Legislature convened a special session starting July 21, 2025, at Gov. Gregg Abbott’s request, to tackle issues including hemp regulation following his veto of SB 3 earlier this summer.
On day one, Senator Charles Perry (R‑Lubbock) introduced SB 5, mirroring the vetoed SB 3. It seeks to criminalize virtually all hemp-derived THC products, except CBD and CBG, banning even trace THC in consumables and smokables.
HB 5, filed in the House by Representative Gary VanDeaver (R‑New Boston) on July 28, is nearly identical in substance—banning intoxicating hemp products and imposing misdemeanor and felony penalties, age restrictions, licensing fees, and strict advertising rules
Legislative Status
| Bill | Status as of Early August 2025 |
|---|---|
| SB 5 | Referred to Senate State Affairs on July 21, favorably voted out of committee July 22, passed Senate floor vote July 30 with a 21–8 vote on second reading. Third reading took place Aug 1, passing with a 21-8 vote. |
| HB 5 | Filed July 28 and referred to the House Public Health Committee July 30; now pending in committee for further action. |
SB 5 and HB 5 are identical bills. The introduction of both these bills shows a coordinated attempt to try and pass a ban…again.
What Happens Next: Public Testimony Likely in the House Public Health Committee
SB 5 has already passed the full Texas Senate and now heads to the House for consideration. The next step in the process is a House committee hearing, which is expected to take place as early as next week—most likely in the House Public Health Committee, where HB 5, the companion bill, has been referred.
This hearing will be the last opportunity for public testimony during the special session. Texans will have the chance to speak directly to lawmakers about the harm these bills would cause to small businesses, veterans, patients, and consumers who rely on legal hemp-derived products.
Why This Matters
- Like SB 3, SB 5/HB 5 would criminalize adults for possessing legal hemp-derived THC, even in trace amounts. First offenses may be Class C misdemeanors, recurring offenses or sales to minors escalate to Class B or Class A charges—and manufacturing or distributing restricted products could trigger felony charges up to six months in jail and $2,000 fines.
- Gov. Abbott supports regulating THC products, not banning them outright. He favors an alcohol-style model: age 21+, THC limits, child-resistant packaging, testing requirements, and marketing restrictions targeting minors.
- Critics argue that SB 5 ignores the governor’s direction, prioritizing prohibition over urgent priorities like flood relief and property tax deductions in the special session agenda.
How to Testify
- Testimony will take place at the Texas Capitol in Austin
- Anyone wishing to speak must register in person at Capitol kiosks the day of the hearing before it starts.
- Prepare a 2-minute oral statement, and consider bringing 20 printed copies of your testimony to distribute to committee members.
- Be respectful, be concise, and tell your personal story—whether you’re a patient, business owner, veteran, farmer, or advocate.
Bottom Line
The fight over hemp-derived THC is back—and fast. SB 5 and HB 5 aim to replicate the banned SB 3, moving swiftly through committees in both chambers. Public hearings are already underway, and testimony is expected in the coming days. THBC urges industry stakeholders, veterans, patients, and consumers to engage during this short 30-day special session—standing up for common-sense regulation, not prohibition.
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