Hemp Is Legal, Regulated, and Working for Texans
Legislators: In the upcoming special session, we urge you to vote in favor of smart regulations that allow the Texas Hemp Industry to continue thriving while giving us the safeguards we have asked for — small businesses, farmers, and consumers are counting on you.
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.
Texas hemp industry leaders support strong regulations to protect consumers, ensure product safety, and prevent youth access. However, a total ban will result in legal challenges, resurgence of the black market, and criminal penalties for federally legal products.
Texans are consistent in their support to keep Hemp-Derived THC products legal in Texas.
- March 2025 Baselice Poll: Targeting General Electorate
- 68% support keeping THC legal in Texas, but regulated.
- 57% of Republican voters support allowing THC to remain legal, and only 29% want it banned.
- 80% of Democratic voters prefer THC to remain legal, while only 10% want it banned – an eight-to-one ratio, while 72% Independents want it to remain legal versus 17% ban outright.
- June 2025 Ragnar Research Partners Poll: Targeting Republican Primary Voters
- 47% of Texas Republican primary voters oppose banning hemp, while 37% support a ban and 16% said they don’t know.
- 45% oppose banning THC, while 35% support a THC ban and 21% don’t know.
- More than two-thirds of Republican primary voters (72%) believe military veterans should be able to access THC products as an alternative to opioids.
- 53% of Republican primary voters believe a ban will create opportunities for drug cartels.
- 55% of Republican primary voters believe a ban will increase black market sales.
- June 2025 Fabrizio, Lee & Associates Poll: Targeting General Electorate
- 70% of voters agree THC products should remain available with regulations: 59% Republicans; 73% Independents; 83% Democrats
- 61% of Texans oppose Gov. Abbott signing SB 3 into law
- 41% of voters say they’re less likely to vote for legislators who voted for the ban
- 52% of voters are aware of the ban and of those, 57% say it made them feel “less favorable” toward the Texas Legislature.
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.
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. |
A Better Path Forword
The Texas Hemp Industry has consistently called for stronger safeguards to ensure adult-only access and smart, effective regulation. We’ve also urged state agencies to enforce existing laws so bad actors cannot operate and undermine responsible businesses.
Age Restrictions & ID Verification
- Sets the minimum purchase age for consumable hemp products at 21 years old.
- Requires reliable age verification for online sales.
- Establishes criminal penalties for knowingly selling to underage buyers.
Strict Testing & Lab Accreditation
Requires comprehensive lab testing for cannabinoid content, contaminants (heavy metals, pesticides, microbes), mycotoxins, residual solvents, and ensures labs meet ISO/IEC 17025 accreditation standards.
Clear Labeling & Packaging
- Mandates batch numbers, ingredients, allergens, manufacturer info, certification of compliant THC levels, and contact details on every package.
- Requires tamper-evident, child-resistant packaging for all consumable hemp products.
- Labels must include scannable QR codes or URLs linking to certificates of analysis.
Ban on Marketing to Minors
- Prohibits edibles shaped like humans, animals, fruit, toys, or any shape appealing to minors.
- Bans packaging with cartoons, superhero-like characters, images of children, or anything that would attract kids.
Truthful Packaging
Outlaws packaging that resembles trademarked non-hemp products or falsely implies the absence of cannabinoids.
Transport & Documentation
Allows transport/delivery of compliant hemp products by parties other than the manufacturer, with proper documentation, without additional licensing requirements.
Ingredient & Safety Standards
- Prohibits sale of non-compliant products or products unsafe for consumption (exceeding THC limits of containing harmful contaminants).
- Clarifies that hemp derived cannabinoids like CBD are considered food, not controlled substances or adulterants.
Ownership Restrictions
Bans issuance of hemp production licenses to entities tied to China, Iran, North Korea, or Russia (or owned by governments/citizens), to protect national security.
A Message to Our Lawmakers:
Texans are watching.
They’re veterans, parents, grand parents, farmers, small business owners — and they’re relying on you to stand up for freedom, economic opportunity, and common sense regulation.
SB3 does not represent what Texans believe in. This bill and similar ban 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 banning hemp products.
🟩 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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