AUSTIN, Texas — As the Sunday veto deadline looms, Governor Greg Abbott has yet to sign or veto Senate Bill 3 (SB 3), which would ban all consumable hemp products containing any trace of THC, the intoxicating component of cannabis. If he takes no action, the bill will become law by default on September 1.
What SB 3 Would Do
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Championed by Sen. Charles Perry (R-Lubbock) and Lt. Gov. Dan Patrick, SB 3 would criminalize the manufacturing, sale, or possession of consumable hemp products with any level of THC, not just intoxicating levels. Critics argue the bill’s broad language could unintentionally ban non-intoxicating products such as hemp granola, seeds, protein powder, and even FDA-approved medications like Epidiolex.
Legal Challenges Already Filed
A Travis County lawsuit filed by three hemp companies, including Texas’ largest indoor grower, seeks to block enforcement of SB 3. They argue it:
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Violates the 2018 federal Farm Bill, which legalized hemp products with less than 0.3% THC.
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Would criminalize farmers, grocers, pharmacists, and consumers, even those using non-intoxicating products.
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Is impossible to comply with, as trace cannabinoids are nearly unavoidable in hemp processing.
“This bill would destroy jobs and criminalize legal products already protected under federal law,” the suit claims.
Why Supporters Want It Passed
Lt. Gov. Dan Patrick and law enforcement agencies say the unregulated hemp market poses serious health risks, particularly for children. Patrick’s media briefing earlier this month displayed THC-infused products designed to resemble candy or snacks.
Support gained traction after Allen police seized 75,000 pounds of illegal THC products, some containing up to 78% THC, far exceeding the 0.3% legal limit. Police Chief Steve Dye, a vocal supporter of the bill, said:
“This product can never be regulated. The proposed ban allows officers to simply test for THC presence, not quantity.”
Impact on Texans and Medical Marijuana Users
Although Texas recently expanded its Compassionate Use Program (TCUP) to include chronic pain and terminal illnesses (via HB 46, signed last week), many Texans still turn to over-the-counter THC products for relief.
One such resident, Roger Galpin, says the THC gummies he bought for his mother, who suffers from dementia, significantly reduced her paranoia and anxiety. He’s pleading with Abbott to veto the bill:
“People with Alzheimer’s and their caregivers already have enough to deal with. This law would just make things worse.”
Abbott’s Options
Gov. Abbott has three choices:
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Sign the bill — it becomes law Sept. 1.
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Veto the bill — halting it completely.
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Take no action — the bill becomes law automatically after the deadline.
So far this session, Abbott has:
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Signed 1,044 bills
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Vetoed just 2
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Signed 640 bills over this past Friday and Saturday alone
What’s Next?
If Abbott does nothing by Sunday night, SB 3 becomes law. Meanwhile, the hemp industry, consumers, and legal experts are bracing for impact—or preparing for a prolonged court battle if the law takes effect.
