Last verified: April 2026
The Rarest Thing in Texas Politics
Texas politics runs on Republican unity. The governor, lieutenant governor, and attorney general operate as an ideological triumvirate that has controlled all three offices since 1999. Public disagreements between them are extraordinarily rare. When Governor Greg Abbott vetoed SB 3 on June 22, 2025, it marked one of the most dramatic intraparty ruptures in modern Texas history.
At stake: whether Texas's $5.5 billion hemp-derived THC industry would be banned overnight or regulated into a permanent legal framework.
Senate Bill 3: Patrick's Priority
Lt. Governor Dan Patrick declared hemp regulation among his "top five" priorities in 17 years of legislative service. SB 3, authored by Sen. Charles Perry (R-Lubbock) — the same senator who co-authored the 2019 hemp legalization bill — took the most aggressive approach possible: a complete ban on all consumable hemp products containing cannabinoids other than CBD and CBG.
The bill would have eliminated delta-8, delta-9 edibles, THCa flower, and every other psychoactive hemp product from the Texas market. It passed the Senate 30-1 and the House 87-54. It was on the governor's desk by early June.
This is a public health crisis. These are drugs being sold to our children with no age restrictions, no testing, no regulation whatsoever.
Lt. Gov. Dan Patrick, press conference on SB 3, May 2025
The Veto
On June 22, 2025, Abbott vetoed SB 3. His veto message was unusually blunt for a governor addressing his own party's flagship legislation.
Senate Bill 3 raises valid constitutional challenges and is dead on arrival in court. A federal judge in Arkansas has already blocked a nearly identical ban. Texas should regulate this industry, not hand trial lawyers a guaranteed win.
Governor Greg Abbott, SB 3 Veto Statement, June 22, 2025
Abbott cited the September 2023 federal court ruling in Arkansas, where a judge blocked that state's attempt to ban hemp-derived cannabinoids on constitutional grounds. He argued that prohibition would be struck down, leaving Texas with neither a ban nor regulations — the worst possible outcome.
The Special Session
Patrick was not finished. Abbott convened a special session beginning July 21, 2025, with hemp regulation on the call. What followed was a legislative standoff that defined the summer:
Abbott Vetoes SB 3
Governor Abbott vetoes the hemp ban passed 30-1 in the Senate and 87-54 in the House, citing constitutional concerns and calling for regulation rather than prohibition.
Special Session Convenes
Abbott calls a special session with hemp regulation among the agenda items. Patrick and the Senate move immediately to pass a replacement bill.
Senate Passes SB 5
The Senate passes SB 5, a bill virtually identical to the vetoed SB 3. It again proposes banning all consumable hemp products containing psychoactive cannabinoids other than CBD and CBG.
House Refuses to Consider the Ban
The Texas House declines to take up SB 5. Members from both parties cite concerns about eliminating 53,000+ jobs, destroying small businesses, and constitutional vulnerability. No floor vote is held.
Legislature Adjourns Without Action
The special session ends with no hemp legislation passed. Neither a ban nor a regulatory framework has been enacted. The status quo — an unregulated market — continues by default.
The governor vetoed this bill because he wants to legalize marijuana in Texas. That is exactly what he has done.
Lt. Gov. Dan Patrick, responding to the SB 3 veto, June 2025
Abbott Goes It Alone
With the Legislature unable to act, Abbott used executive authority to impose the regulations he had argued for. The result was a three-part regulatory framework created outside the legislative process:
Executive Order GA-56 (September 10, 2025)
Abbott issued Executive Order GA-56 establishing baseline rules for the hemp industry:
- Minimum age 21 to purchase hemp-derived THC products
- Government-issued ID required at point of sale
- Testing and labeling requirements for all consumable hemp products
TABC Emergency Rules (October 1, 2025)
The Texas Alcoholic Beverage Commission adopted emergency rules bringing hemp-derived THC products under its regulatory umbrella, applying age verification and retail compliance standards modeled on alcohol regulation.
DSHS Rules (Effective March 31, 2026)
The Department of State Health Services finalized rules implementing the total THC calculation for consumable hemp products — delta-9 THC + (THCa × 0.877). This effectively banned THCa flower while leaving delta-9 edibles untouched.
The current regulatory framework was created entirely through executive orders and agency rulemaking, not through legislation. This means it could be challenged in court, modified by a future governor, or superseded by legislative action. It lacks the permanence and democratic legitimacy of a statutory framework.
Where Things Stand
As of April 2026, the hemp industry operates under Abbott's executive framework. Products must meet age, ID, testing, and labeling requirements. THCa flower is banned under the DSHS total THC rule. Delta-9 edibles remain legal through the dry weight loophole. The delta-8 Supreme Court case remains pending.
Patrick has made clear that the fight is not over. The 90th Texas Legislature convenes in January 2027, and hemp regulation will almost certainly be on the agenda again. Whether the next bill seeks prohibition, regulation, or some hybrid approach remains to be seen — and may depend on whether the federal Section 781 renders the entire question moot.
Official Sources
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org