exas Bill Would Ban All Products Containing THC

While many states have legalized marijuana for personal recreational use, even possession of a small amount of cannabis can lead to jail time in Texas. Now, some state legislators are going a step further, looking to ban any product containing the substance that gives marijuana its potency.

Known as Senate Bill 3, the proposed law would prohibit all forms of consumable tetrahydrocannabinol (THC) from being sold in the state, effectively eliminating access to both Delta-8 and Delta-9 THC products. This would go farther than the federal law, which bars these compounds when derived from marijuana, but not from hemp. 

In 2018, the federal Farm Bill legalized hemp-derived products containing less than 0.3% Delta-9 THC. Since then, Texas has seen a growing market for items that contain this substance, including drinks, vapes and gummies. Delta-8 THC, which is less potent, has also been used in products in the open marketplace. These hemp-derived cannabinoids have been widely available at smoke shops, CBD stores and gas stations across the state.  

Supporters of SB 3 argue that unregulated THC products have led to health risks and legal loopholes that need to be addressed. As the 0.3% restriction is based on the product’s weight, some people claim that products such as seltzers infused with legal hemp-based THC can be just as potent as similar products containing illegal marijuana. 

Under the bill, possession of any consumable hemp product would be a Class A misdemeanor. This means that a conviction would be punishable by up to one year in jail and a fine as high as $4,000. Manufacture or delivery of a consumable hemp product, as well as possession with the intent to deliver, is a third-degree felony according to the proposed statutory language. Someone who is found guilty of a third-degree felony could be incarcerated for as many as 10 years. 

Though many jurisdictions have decriminalized marijuana and other controlled substances, SB represents a significant step in the opposite. Passage of the bill would mean that an individual could be prosecuted for a serious drug crime for a substance that previously did not even require a license to sell. 

Whatever type of controlled substance charge you face, it is critical to hire an experienced criminal defense attorney. Tylden Shaeffer, Attorney at Law, P.C. in San Antonio advocates for clients in all types of controlled substance cases at the state and federal level. Please call (210) 227-1500 or contact me online to discuss your case.

By Tylden Shaeffer | Published March 20, 2025 | Posted in Drug | Tagged cannabinoids, misdemeanor, THC products