Texas Should Lead on Hemp-based THC Regulations

Over the past seven months, the issue of hemp-based THC products has consumed significant time for Gov. Greg Abbott, Lt. Gov. Dan Patrick, and the Texas Legislature. The two sides on this issue seem unable to cede ground or forge a compromise.

Despite the bombast and rhetoric, there’s more common ground among lawmakers and state leaders on this issue than meets the eye. There is a reasonable path forward for the Lone Star State and its millions of residents.

For starters, Texas children, and all Texans under 21, should be protected through the enforcement of existing laws and smart regulations that further limit access, marketing, or targeting of THC-containing hemp products.

A well-regulated market in Texas for hemp products with clear rules on safe manufacturing, accurate labeling, responsible standards for marketing, and strong laws against underage sales would be far safer than an outright ban.

Smart regulation should balance public safety, economic freedom, and personal choice – all things Texans treasure. A robust discussion of enforceable measures on THC limits, independent product testing, packaging, licensing, marketing, age restrictions, and required licensing or registration should be part of the discussion as Texas looks to lead on this issue.

There’s no logical reason to treat hemp-based THC products differently from alcohol. Creating age restrictions and other smart regulations to ensure the safety of these products for Texans is a commonsense approach.

Legal ambiguity on the issue of hemp-based THC products creates problems for law enforcement. However, a total ban on hemp-based THC drives these products into a dangerous black market, creating additional public safety concerns.

While some Texas lawmakers have pressed for an outright ban on hemp-based THC products, prohibition would not succeed in eliminating the availability of these products or in protecting the public. Bolstering black markets will not make Texans safer. The Baker Institute rightly points out that a ban only succeeds in fueling lawlessness. According to the organization, “Criminal organizations may view newly banned hemp compounds as a lucrative opportunity and move to supply consumer demand that legally compliant businesses could no longer meet. The involvement of such organizations could also introduce violence into a market that thus far has operated without such issues.”

The $8 billion hemp industry should not be relegated to the shadows of the black market and drug cartels, which is, unfortunately, what a ban, as proposed in Senate Bill 5, would do. Kids and families would be far better off with strong and responsible regulation.

Hemp-based THC products have delivered jobs and contributed to the state’s economy, supporting rural farming communities and small business retailers across Texas. A robust system of compliance, enforcement, and protection of children and adults is needed, instead of an outright ban that would harm businesses, consumers, and the economy.

There’s strong support for such legislation. An April 2021 poll conducted by the Pew Research Center found that less than 10 percent of American adults opposed medical or recreational use of cannabis products. More recent surveys have asked Texan voters their views on regulating or banning hemp products. A June 2025 survey of Lone Star voters found 70 percent agree that THC products should remain available with regulations. Time and again, most Texas residents, across party lines, oppose a comprehensive ban on hemp-derived THC products.

Now, with Texas lawmakers back in Austin for the Special Session, real progress on this issue needs to be made. Smart regulations that protect children, ensure public safety, and maintain consumer choice could be a model for other states. Texas can and should lead on this issue. Smartly-crafted rules make the most sense and ensure safety and prosperity for all Texans.