Texas Moves to Ban THC-Infused Hemp Products Amid Retailer Concerns

Across Texas, a growing number of gas stations and corner stores have quietly filled their shelves with gummies, drinks, and vape cartridges infused with THC—the psychoactive ingredient in marijuana. The presence of these products is raising new regulatory challenges as lawmakers struggle to navigate the booming market for consumable hemp products, especially after the state legislature approved a sweeping ban that could reshape the industry.

Although Texas maintains some of the country's strictest marijuana laws, thousands of shops statewide openly sell THC-infused products, many of which are derived from hemp and advertised as legal. This situation has left both policymakers and industry stakeholders facing uncertainty over how—and whether—to impose further restrictions. All eyes are now on Republican Gov. Greg Abbott, who has yet to signal whether he will sign or veto the proposed ban. In other states, such as California, similar measures have led to age limits and potency caps, particularly to curb underage use, while still allowing the market to flourish within tighter boundaries.

The legislation moving through Texas would make it a misdemeanor to possess, manufacture, or sell any consumable product containing tetrahydrocannabinol. The bill echoes a wider push among states to clamp down on intoxicating cannabinoids after a 2018 federal law paved the way for states to regulate hemp—a cannabis variety legally distinguished from marijuana by its low THC concentration, capped at 0.3% by federal statute. However, advances in extraction and synthesis have made it possible for hemp to serve as a legal source of mind-altering compounds, further blurring the lines and fueling a thriving gray market.

This patchwork approach to regulation is causing frustration and confusion for consumers and businesses alike. People in Texas and other states with limited marijuana access have turned to hemp-based THC products as a legal—if loosely regulated—alternative. Yet, widespread concerns persist about the safety and labeling of these items, given the lack of robust federal oversight. “This is serious business,” asserted Republican Lt. Gov. Dan Patrick recently, displaying an array of THC-laced snacks to underline his support for the ban. Patrick expressed confidence that the legislation would move forward, regardless of any hesitation from Governor Abbott.

If the bill becomes law as written, Texas would be among the most restrictive states in the nation regarding THC in consumable hemp products. Katharine Neil Harris, a drug policy researcher at a Texas university, noted the potential for Texas to stand alone in entirely banning these products without also having recreational marijuana available, setting a new precedent in the national landscape.

Other states have taken varying approaches: Alabama, Kentucky, and Tennessee have all sought to stiffen regulations, while Florida’s governor last year vetoed a bill that would have imposed age checks and marketing restrictions, citing concerns about harming small businesses. “There’s such a variety in how states have responded to this,” Harris said, highlighting the jumbled legal landscape across the country.

Inside Texas, even the state’s medical marijuana program remains limited—just three dispensaries are licensed to offer low-potency products to patients with conditions like PTSD or cancer. With expansion efforts repeatedly stalling in the legislature, advocates say many in need are forced to look elsewhere for relief. More broadly, 38 states and Washington D.C. allow medical use of marijuana, while public opinion has steadily shifted toward broader legalization.

The prospect of an outright ban has prompted a fierce response from retailers and growers, many of whom argue that the industry provides vital economic opportunities and much-needed products for customers who cannot legally access medical marijuana. Kyle Bingham, a Panhandle farmer and vice president of the National Hemp Growers Association, is rethinking the future of hemp on his family farm if the ban passes. “We’ve never planted more than 5% of our acres in hemp... So for us, it’s definitely hard to walk away from as an investment,” he explained.

Shop owners like Savannah Gavlik, an employee at Austin’s Dope Daughters dispensary, warn that the ban could cost tens of thousands of jobs and devastate businesses serving Texans seeking alternative relief. “It’s absurd they think they can sign away 50,000 jobs,” Gavlik said, adding that the dispensary, which may be forced to close, has provided critical self-care options for customers unable to navigate the current restrictive medical system. “It’s people genuinely wanting medical relief.”

As the state awaits action from Governor Abbott, the future of THC-infused consumables in Texas—and the livelihoods of those who produce and sell them—remains uncertain. The conflict encapsulates the broader tension between emerging markets, evolving norms, and the persistent patchwork of state laws governing cannabis and its derivatives nationwide.