As the final gavels bang on the 89th Texas legislative session, the cannabis community is now in the “bargaining” stage of grief, having already endured “denial” and “anger” with “depression” and “acceptance” still looming.
Glimmers of hope remain that Gov. Greg Abbott could decide not to sign Senate Bill 3 into law – or, if he did, that it could be successfully challenged in court.
Last week, House lawmakers approved SB 3 – which would drastically restrict which types of cannabis products Texans have legal access to and how they can be sold and marketed – by a vote of 95 to 44.
But the bill had been carried on a curious path to approval. Originally rolled out as an all-out ban on THC with breathless support from Lt. Gov. Dan Patrick, the Senate unanimously passed SB 3 in March. In House Committee, though, it underwent a series of revisions and substitutions, transforming into a regulatory upheaval of the consumable hemp industry, in which edibles and THC beverages would be allowed, but flower and vapes were outlawed.
That wasn’t ideal, but, going into the May 21 House vote, either the substitute bill’s passage or defeat was preferable to a ban. What actually transpired was the worst-case scenario: It got amended.
Dr. Tom Oliverson, a Republican representing the Tomball area, brought forth a floor amendment that reverted the legislation back to total prohibition.
“We are not banning hemp, we are banning high,” Oliverson offered, portraying his amendment as restoring the original intent of the 2019 Farm Bill. Oliverson told fellow reps that his amendment “draws a bright, enforceable line with no wiggle room.”
That “bright, enforceable line” now means that Texans are restricted from using federally legal consumable hemp products containing THC. The only cannabinoids allowed under the proposed bill are nonpsychoactive CBD and CBG.
Surprisingly, the penalties outlined in SB 3 are actually more severe than laws for actual marijuana in Texas: third-degree felonies for the manufacture or delivery of illegal hemp product, class A misdemeanors for possession. At least El Paso representative Joe Moody successfully carried an amendment allowing deferred penalties for minors.
SB 3 now heads to the desk of Gov. Abbott. If he pulls out his pen, Texans will not only lose their freedom to use consumable hemp, they will be criminalized for it. The law would go into effect on September 1.
Immediately preceding last Wednesday’s vote, debates about Texans’ rights to use cannabis were added to the public record. Some speeches induced face-palming, like Rep. Terri Leo Wilson telling the floor: “This is killing kids – it really is.”
That claim, unsupported by data, followed an effective anecdote meant to portray cannabis as dangerous. Rep. Wilson told a harrowing story of her daughter being hospitalized for severe weight loss and diagnosed with cannabinoid hyperemesis syndrome. CHS is a rare, but relevant condition for heavy cannabis users characterized by severe nausea, vomiting, and abdominal pain. It’s good for people to know about CHS, and a reminder that using a lot of cannabis is not for everyone, but Rep. Wilson’s daughter was an adult living in Nevada – not in any way involved in Texas’ consumable hemp market.
Rep. Gene Wu called his fellow representative’s claims about the dangers of hemp “far overblown.”
“We talk about how many people call into poison control lines because they’re experiencing these things for the first time and they don’t know what’s going on and they’re not sure how they’re supposed to feel. What we don’t talk about is how many fatalities there are from this, how many overdoses from THC,” Wu pointed out. “Zero, none.”
The decade-serving Houston rep then referenced medical studies finding it to be physically impossible to fatally overdose on THC.
“100 mg per kilogram of animal weight,” he repeated, referencing the potentially fatal amount of THC. “No human could possibly ingest or smoke that much. It’s not possible.”
Wu emerged as a politician cannabis supporters can believe in, chastising his colleagues for ignoring the wants and needs of the public they represent, including those who’ve been in the service. Texas’ veterans groups have been outspoken against a ban.
“This is also the attitude of Texans overall,” he reminded the floor. “Texans as a whole do not want something they’ve had access to for the last five years, something they’ve enjoyed recreationally, that has helped them medically, that has made their lives better… they don’t want this banned either. And they have told you that loudly and repeatedly. They’ve called your offices, they’ve written letters, they have done everything they could.”
The level of political engagement that Wu referred to also extended to Texas’ hemp business community, which saw unprecedented coordination and advocacy and public testimony over the last six months.
“It’s kind of incredible how all us stoners are turning into little politicians and working together on this,” said Zack Smith, owner of the smoke shop Happy Clouds, which has been open for a decade and now has six locations. “It was really heartening, a few weeks ago, we were passing out pamphlets to customers that listed all the Texas reps in their counties so they could call and say I do not support this bill and say why. While we were doing that, they were making amendments to the bill. So I was telling customers, ‘Keep calling guys. This is really working,’ like we’re spreading this information to customers and they’re letting their voices be heard. A representative’s secretary told me she’d received thousands of calls. It seemed really impactful… then the House passed it anyway.”
Regardless of the result, Smith doesn’t regret the energy he’s spent doing advocacy.
“We definitely gained something because so many people feel alienated from their political representatives,” he explains. “I never even thought I could just call their office and log my position on a bill. It’s not in vain, but it’s disheartening.”
Now a booming state industry that Rep. Oliverson called “the largest pseudo-legal THC market in the country” – comprising thousands of small businesses and tens of thousands of employees – heads toward a wasteland of broken leases and layoffs. Those who’d attempt to stay in the game now also face expensive licensing fees: $20,000 annually to sell and $10,000 to manufacture CBD and CBG products.
“I just signed all my employees up for health insurance – full coverage, not a pay-in thing,” reveals Smith. “We pay everybody really well and I’m proud to have my awesome staff taken care of because business has been good, but now it’s like, ‘Am I gonna be able to do that in four months?’ It’s really sad.”
This article appears in May 30 • 2025.