Hemp Is Legal, Regulated, and Working for Texans
Legislators: We urge you to oppose SB 3 — this bill 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, SB 3 imposes a total ban that will result in legal challenges, resurgence of the black market, and criminal penalties for federally legal products.
Problems with SB3
- Eliminates 99% of Legal Hemp Products:
- SB3 bans all hemp-derived cannabinoids except CBD and CBG isolates — gutting full-spectrum products, gummies, beverages, and more that millions of Texans rely on. This includes non-intoxicating products.
- 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.
- Devastates Small Businesses and Farmers:
- Texas hemp businesses — including veteran-, women-, and minority-owned brands — will be forced to shut down overnight. This disproportionately harms entrepreneurs who built businesses under current law.
- Worsens public health risks:
- By banning regulated products, SB3 cuts off access to tested, labeled, and dosed alternatives that help with pain, PTSD, anxiety, and sleep. Consumers will turn to unreliable and risky sources.
- Increases Burden on Law Enforcement:
- Criminalizing popular hemp products wastes public safety resources and puts police in the middle of a confusing legal landscape — while violent crime and real drug crises go unaddressed.
- Violates Consumer and Medical Freedom:
- Texans should have the right to choose plant-based alternatives for wellness. SB3 criminalizes choice and ignores the voices of veterans, parents, and patients across the state.
- Triggers Legal Challenges and Liability:
- SB3 invites lawsuits over an unconstitutional “regulatory taking” — banning products that are federally legal without compensation. This risks millions in legal costs for the state and taxpayers.
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 unsafe 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
- 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.
A Letter to Legislators: from Dave Walden, State Commander of the VFW. – Read More
“We’re not asking for special treatment – just the freedom to choose safe, legal options that help us to be our best selves.”
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