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The sweeping federal spending measure now working its way through Congress could reopen the federal government, but it could outlaw virtually all hemp-derived THC products in Texas and across the United States. This would comprise all Delta 8 products, including edibles.
Texas Lt. Gov. Dan Patrick celebrated the possible ban and posted on social media, “The THC ban has been a priority for me, and I appreciate Congress addressing this important issue at a national level.”
“I believe this ban will save a generation from getting hooked on dangerous drugs,” he wrote on X.
The bill in question is a continuing resolution intended to end the ongoing federal government shutdown, but tucked within it is Section 781, which industry advocates say would “effectively outlaw” most consumable hemp-derived cannabinoid products.
The Texas Hemp Business Council (THBC), representing the state’s hemp-based cannabinoid industry, issued a statement blasting the provision, saying it “will eliminate the nation’s $28 billion hemp economy.” THBC warned of severe consequences: farmers losing markets, small businesses shuttering, consumers — including veterans — turning to illicit markets, state regulatory systems being overridden and more than 300,000 jobs at risk.
Texas U.S. Senator Ted Cruz (R) voted in favor of the bill but voted with Sen. Rand Paul (R) of Kentucky to remove the total hemp prohibition — but that move failed. Cruz posted on social media that he believed states should have the authority to regulate their own hemp and marijuana products.
“A one-size-fits-all federal standard will undoubtedly create unintended consequences that harm consumers,” he wrote on X.
From a Texas perspective, the concern is compounded because the state has embraced hemp farming, processing and the retail sale of hemp-derived cannabinoid products under its regulatory framework. If the federal definition collapses much of the supply chain, the ripple effects could reach crop producers, stores and ancillary services throughout the Lone Star State.
If the new hemp ban becomes law, it would take effect on January 1, 2026, and there would be a one-year grace period.
Texas has been at the center of a long-running battle over hemp and THC-derived products, a controversy that has divided lawmakers, business owners, and public health officials. In 2023, the Texas Legislature passed a bill that would have effectively banned most hemp-derived THC products, including Delta-8 and Delta-9 consumables widely sold in vape shops and wellness stores.
Supporters of the ban, including law enforcement groups and the alcohol industry, argued that these products were intoxicating, poorly regulated, and often marketed to minors. But hemp producers and retailers warned the legislation would destroy a fast-growing industry that emerged after Congress legalized hemp under the 2018 Farm Bill.
Governor Greg Abbott ultimately vetoed the bill, saying it was too broad and could criminalize legitimate hemp operations that were already being monitored under state law.
However, Abbott later issued an executive order directing state agencies to regulate hemp-derived THC products more strictly, focusing on labeling, potency testing, and prohibiting sales to minors. The Texas Department of State Health Services and the Department of Public Safety were instructed to coordinate enforcement actions and develop clearer rules for manufacturers and retailers.
That compromise — rejecting an outright ban while tightening regulation — has left both sides unsatisfied. Hemp businesses credit the veto for saving thousands of jobs, but they warn that Abbott’s order still leaves the industry vulnerable to shifting rules and enforcement crackdowns.
Meanwhile, critics of the hemp market say the governor’s move did not go far enough to protect consumers from products that can mimic marijuana’s effects. As the federal government now considers sweeping restrictions through H.R. 5371, Texas’ own uneasy balance over hemp regulation could be upended once again.
Great Job David Martin Davies & the Team @ Texas Public Radio for sharing this story.
