Welcome to Howdy Country: Texas Hemp Saga - From SB3 Ban to Governor Abbott Executive Order

Texas has been through a whirlwind year for hemp laws. This article breaks down how Senate Bill 3, Governor Abbott’s veto, and a new executive order shaped the legal path for hemp-derived THC products across the Lone Star State.

Texas has been at the center of the national debate over hemp-derived products for most of 2025. While some states have passed outright bans or strict limits, Texas has gone through its own twists and turns – with failed legislation, letter writing campaigns, industry press conferences, vetoes, and executive action shaping the current legal framework of hemp products in the Lone Star state. Here’s an overview of what happened and where things stand today.  

The Push for a Ban: Senate Bill 3 (SB3) 

To start the 2025 legislative session, Senate Bill 3 (SB3) was introduced, led by Lieutenant Governor Dan Patrick. SB3 sought to ban hemp-derived THC consumables, including beverages and edibles. Only CBD and CBG isolate products would’ve been legal under SB3. Supporters argued it would eliminate the proliferation of intoxicating hemp products from the marketplace, while opponents warned it would shutter businesses, eliminate jobs, and remove consumer choice to these popular products.  

SB3 ended up passing both chambers and ended up on Governor Abbott’s desk.  

Governor Abbott’s Veto 

After S33 reached his desk, Governor Greg Abbott vetoed the bill, stopping the ban on THC consumables from becoming law. His veto meant that hemp products remained legal under both the 2018 Farm Bill definition at the federal level and Texas’s existing hemp statue under HB1325.  

This veto created a split between the state’s two top political leaders: Lt. Governor Patrick continued to call for an outright ban, while Abbott advocated for regulation. In Governor Abbott’s veto proclamation, he recommended measures like age gating, increased testing standards, and increased enforcement from regulators to crack down on bad actors. These items were issued as items on the call under the upcoming special session. 

Special Session #1 and #2 

Although Governor Abbott asked the legislature to pass a regulation bill, rather than a prohibition bill, the Senate continued with legislation that was almost identical to SB3, SB5 and SB6. During both special sessions the Senate passed their ban bills as one of the first actions taken from that chamber, kicking the ban over to the House. During both special sessions the House declined to pass the ban bill, although they had hearings related to potential regulation bills. Ultimately no compromise was struck, and we gaveled out of the second special session with no action taken on hemp regulations.  

Executive Order on Hemp 

With no new legislation in place, Governor Abbott issued Executive Order GA-56. Rather than banning hemp, the order introduce new compliance requirements: 

  • Age Gating: Only adults 21 years and older may purchase consumable hemp products.  

  • Testing Standards: Products must meet safety and laboratory testing benchmarks before reaching the market.  

This action preserved access to hemp THC consumables while setting baseline guardrails around sales and product quality.  

Current Legal Status of Hemp in Texas 

As of fall 2025: 

  • Consumable hemp products remain legal in Texas, including beverages and edibles containing hemp-derived Delta-9 THC (so long as they are withing the federal 0.3% dry-weight limit). 

  • Age verification is mandatory – customers must be 21+ 

  • Increased testing and compliance requirements are now part of the regulatory framework 

No new legislative bans are in effect, despite repeated attempts.  

In Summary: Texas hemp products survived a high-profile ban attempt in 2025. After SB3 failed and two special sessions ended without action, Governor Abbott issued Executive Order GA-56 to implement age-gating and testing rules instead of prohibition. That means hemp consumables remain legal in Texas to adults 21+.  

 

Disclaimer: Welcome to Howdy Country, where we like to keep folks informed and responsible. This post is for education only, not legal or medical advice. Always check your local laws and know your limits before consuming any hemp-derived products. 

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