Sweeping THC Ban Awaits Texas Governor’s Signature
Texas is set to enact one of the strictest crackdowns on hemp-derived THC products in the country. Senate Bill 3 (SB 3), which has already cleared both chambers of the Texas Legislature, is awaiting Governor Greg Abbott’s signature. Unless vetoed, the new THC laws in Texas will take effect on September 1, 2025.
This law will criminalize the possession, sale, or manufacture of any consumable hemp product containing cannabinoids other than CBD (cannabidiol) or CBG (cannabigerol). That includes previously legal and widely available substances such as delta-8 THC, delta-10 THC, THCA, THC-V, CBN, and more.
But here’s the twist: the law may ban more than it defines. While aimed at outlawing products like delta-8 and delta-10 THC, the legislation also criminalizes precursors—including THCA, a compound that technically isn’t THC until heated. In trying to eliminate intoxicating hemp derivatives, the state may outlaw substances that only become illegal through the very process of testing them. It’s a ban that, in some cases, could create THC in the eyes of the law.
How We Got Here
Currently, Texas permits hemp-derived products containing less than 0.3% delta-9 THC. This loophole has allowed alternatives like delta-8 and delta-10—compounds with similar psychoactive effects—to thrive. These products have been sold legally in smoke shops and wellness stores statewide due to their derivation from federally legal hemp.
Senate Bill 3: The Dramatic Legal Shift
Senate Bill 3 explicitly bans the possession, sale, or manufacture of consumable hemp products containing cannabinoids other than CBD or CBG. The statute states:
“A consumable hemp product that contains any amount of a cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG) may not be sold at retail or otherwise introduced into commerce in this state.”
Non-Intoxicating THCA Becomes Illegal THC During Testing
SB 3 mandates testing using post-decarboxylation, high-performance liquid chromatography (HPLC). This converts non-intoxicating THCA into intoxicating THC during testing, artificially inflating THC levels and potentially classifying non-intoxicating products as illegal.
Corrected Offenses and Penalties Under the New THC Law
| Offense |
Code Section |
Offense Level |
Punishment Range |
| Manufacture, Delivery, or Possession with Intent to Deliver illegal cannabinoid products |
Health & Safety Code § 443.251 |
Third-Degree Felony |
2–10 years in prison and up to a $10,000 fine |
| Possession of cannabinoid products other than CBD/CBG |
Health & Safety Code § 443.252 |
Class C Misdemeanor (First two offenses); Enhanced Misdemeanor (Third offense) |
First two offenses: Fine up to $500 only; Third offense: Up to 180 days in jail, and/or fine between $250 and $2,000 |
| Sale or distribution to persons under 21 |
Health & Safety Code § 443.253 |
Class A Misdemeanor |
Up to 1 year in jail and up to a $4,000 fine |
| Sale of consumable hemp products for smoking |
Health & Safety Code § 443.254 |
Class B Misdemeanor |
Up to 180 days in jail and up to a $2,000 fine |
| Sale or delivery within 1,000 feet of a school |
Health & Safety Code § 443.255 |
Class B Misdemeanor |
Up to 180 days in jail and up to a $2,000 fine |
| Delivery by courier, mail, or delivery service |
Health & Safety Code § 443.256 |
Class A Misdemeanor |
Up to 1 year in jail and up to a $4,000 fine |
| False laboratory report |
Health & Safety Code § 443.257 |
Third-Degree Felony |
2–10 years in prison and up to a $10,000 fine |
| Manufacturing or selling without a license or registration |
Health & Safety Code § 443.258 |
Third-Degree Felony |
2–10 years in prison and up to a $10,000 fine |
What Happens Next?
SB 3 is expected to become law on September 1, 2025. Retailers must register products by January 1, 2026. Consumers should prepare for significant changes, recognizing that possession of previously legal substances could soon result in arrest and prosecution.
Need Help? Contact Varghese Summersett
If you’ve been arrested or cited for delta-8, THC, or marijuana-related charges, call 817-203-2220 or visit www.versustexas.com to schedule a consultation with one of our experienced criminal defense attorneys.