SB 3 has changed significantly thanks to the State Affairs Committee re-write, but it still needs a lot of improvement. Join us in calling on state representatives to amend SB 3!

CSSB 3 Overview

Regulatory authority of consumable hemp products and beverages will transfer to the Texas Alcohol Beverage Commission (TABC). Synthetic products are clearly defined and remain illegal, while converted cannabinoids would require TABC approval.

Instead of prohibiting all THC in Texas, the bill now bans vape products, severely restricts hemp flower (0.3% total THC), and regulates all other natural THC products. If passed, edibles and beverages would be limited to 10mg/serving; tinctures would be limited to 2.5mg/dropper (75mg per bottle).

To restrict youth access, consumers must be 21+ to purchase hemp products or beverages. Sales and delivery of hemp is restricted within 300 feet of a school, church, public playground, day-care center, child-care center, homeless shelter or substance abuse treatment center. Packaging may not be attractive to children, must be tamper evident and child resistant, and may not bear any resemblance to (or be stocked near) soda, candy, snacks, medicine, or other food products that are widely distributed and familiar to the public.

Concerns

Hemp flower and vape products make up the vast majority of the market for hemp in Texas. The unreasonably low THC cap on flower and outright ban on vape products would economically gut the Texas hemp industry. Rather than being supplied by licensed and regulated businesses, demand for natural THC flower without an artificially low cap and vape products will flow to the illicit market with no regulatory oversight or accountability. Reminder: Cannabis/THC (hemp and/or marijuana) products are legal in some form in all 50 states.

Recommendations

1. Remove the unreasonably low cap on THC in natural, Texas-grown hemp flower.

2. Reduce penalties for possession of more than the allowable amount of hemp flower from a Class A Misdemeanor (higher than marihuana possession punishment) to a Class C citation with no arrest or criminal record.

3. Allow properly regulated vape products to be manufactured and sold in state.

4. Establish a dedicated Hemp Oversight Division within TABC to effectively address the unique regulatory needs of the hemp industry. Hemp and alcohol are fundamentally different substances with distinct markets, risks, and policy considerations. A specialized division would ensure appropriate expertise, enforcement, and support tailored to the hemp sector—without conflating it with the priorities of alcohol regulation.