Texas lawmakers are once again weighing whether to ban hemp-derived THC products, revisiting a yearslong debate over how the state should regulate intoxicating cannabis products that remain widely available despite recreational marijuana being illegal.
The Senate Committee on Health and Human Services convened Tuesday, July 7, to examine the public health impacts of THC products, including concerns about youth access, mental health effects and substance use.
No legislation was filed or voted on during the hearing. Instead, lawmakers gathered testimony that could shape future proposals during the next legislative session.
The discussion comes months after Texas regulators implemented new restrictions on hemp-derived THC products following a failed attempt by lawmakers to ban them outright.
Here’s what to know.
Why are Texas lawmakers looking at a THC ban again?
Some Texas lawmakers argue hemp-derived THC products have become too widely available and pose risks, particularly for children and young adults.
Sen. Charles Perry, R-Lubbock, said during Tuesday’s hearing that he plans to file legislation again to ban consumable hemp products during the next legislative session.
Lawmakers cited data from the Texas Department of Family and Protective Services showing the number of infants who tested positive for THC at birth increased from 1,559 cases in fiscal year 2024 to 1,896 in fiscal year 2025.
Health experts who testified before the committee discussed concerns about cannabis use disorder, increased THC-related calls to poison control centers and potential mental health effects associated with frequent THC use.
Is THC legal in Texas?
Recreational marijuana remains illegal in Texas under state and federal law. But the state does allow limited medical cannabis use through its Compassionate Use Program, which provides low-THC cannabis products to patients with certain qualifying conditions, according to the Texas Department of Public Safety.
The confusion comes from hemp-derived THC products, which entered a legal gray area after the 2018 Farm Bill legalized hemp for agricultural uses, including products made from hemp seed and fiber.
That law helped create a market for products lawmakers now often call “intoxicating hemp” — including delta-8 THC and THCA flower. While these products are made from hemp, some can produce effects similar to delta-9 THC, the primary intoxicating compound in marijuana.
The difference comes down to how the products are made and how they react.
Delta-8 THC is a hemp-derived cannabinoid that is typically converted from other compounds found in hemp. It can produce intoxicating effects, but it is chemically different from delta-9 THC.
THCA flower is different. In its raw form, THCA is not intoxicating. But when it is heated — such as through smoking or vaping — it converts into delta-9 THC, the same compound found in marijuana.
That conversion is one reason regulators have targeted THCA products, arguing that they function similarly to illegal cannabis even though they are sold as hemp products under current law.
What happened to Texas’ previous attempt to ban THC products?
Texas lawmakers spent much of 2025 debating whether to prohibit consumable hemp products containing THC.
The Legislature ultimately approved a ban, but Gov. Greg Abbott vetoed the measure last summer. Instead, Abbott directed state agencies to increase oversight of the hemp industry. The decision shifted the debate from a statewide ban to tighter regulations.
Since hemp-derived THC products entered the market, Texas officials have argued that products such as delta-8 THC and THCA flower can produce intoxicating effects similar to marijuana while operating in a legal gray area.
How is Texas already restricting hemp-derived THC products?
The Texas Department of State Health Services implemented new regulations for consumable hemp-derived THC products that took effect March 31.
The rules added:
The state also clarified that THC levels must be measured based on total THC in a product. Products exceeding the state’s 0.3% THC limit are considered noncompliant.
That change affected some popular hemp products, including THCA flower and pre-rolled products that can convert into delta-9 THC when heated.
Industry groups challenged the rules in court, arguing the regulations effectively amounted to a ban. A judge temporarily blocked enforcement while the lawsuit continues.
Are THC products legal in Texas?
It depends on the product.
Recreational marijuana remains illegal in Texas. Delta-9 THC, the primary intoxicating compound in cannabis, is prohibited when it exceeds the state’s legal limit.
Texas does allow some hemp-derived THC products under state and federal hemp laws, but those products have faced increasing restrictions.
Products commonly sold in Texas include:
The legal status of some products remains contested as lawmakers, regulators and courts continue to debate how they should be treated.
What happens next with THC laws in Texas?
The debate is expected to continue ahead of the next legislative session, when lawmakers could again consider whether to ban consumable hemp products or pursue additional regulations.
Supporters of restrictions argue stronger limits are needed to protect children and public health.
Industry advocates say Texas should focus on responsible regulation rather than prohibition, pointing to the economic impact of hemp businesses and consumer demand for the products.
Brandi D. Addison covers weather across the nation as the Weather Connect reporter for the USA TODAY Network and contributes to Texas Connect coverage across the state. She can be reached at baddison@usatodayco.com. Follow her on Facebook here.
This article originally appeared on El Paso Times: Is THC legal in Texas? Lawmakers revisit THC ban debate
Reporting by Brandi D. Addison, USA TODAY NETWORK / El Paso Times
USA TODAY Network via Reuters Connect
By Brandi D. Addison, USA TODAY NETWORK | USA TODAY Network
