Consumable hemp products containing THC or other intoxicating cannabinoids will remain legal under Texas law after Gov. Greg Abbott vetoed Senate Bill 3 on June 22—the last day for executive action on bills.

The legislation, spearheaded by Lt. Gov. Dan Patrick, would have led to the demise of an $8-billion industry that employs some 50,000 workers at roughly 8,000 Texas businesses that manufacture or sell hemp-derived products like delta-8 THC gummies and THCA liquid diamond vapes. Only nonintoxicating CBD and CBD would have remained legal under Patrick’s plan.

However, Abbott suggested in his veto proclamation that while S.B. 3 was “well-intentioned,” it would never go into effect because of constitutional challenges.

“Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable,” Abbott wrote. “If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuse unaddressed. Texas cannot afford to wait.”

While the governor signed 1,155 bills that the Texas Legislature passed this legislative session, S.B. 3 was one of the 28 bills he vetoed; however, Abbott identified S.B. 3 as one of five bills that will be placed on the agenda for the upcoming special legislative session next month for further consideration.

As a former Texas Supreme Court justice and the state’s former attorney general, Abbott said his conclusion of S.B. 3 is not speculative. He compared it to an Arkansas bill that Gov. Sarah Huckabee Sanders signed in April 2023 to ban intoxicating hemp products. A federal judge blocked the Arkansas ban in September 2023, and the law has remained dormant as legal proceedings unfold.

While the 2018 Farm Bill, which federally legalized hemp, allows states to enact more stringent regulations surrounding the plant, Abbott called into question whether states can recriminalize hemp-related acts that conflict with federal law.

“I know that Senate Bill 3 is vulnerable to the same legal attacks [as in Arkansas],” the governor wrote. “At worst, Senate Bill 3 would be permanently invalidated by the courts; at best, its implementation would be delayed for years as the case winds its way through the legal system. We can do better.”

By vetoing S.B. 3, Abbott sided with more than 150,000 petition signers who urged the governor to veto the legislation over the supermajority of Texas legislators who backed the bill, as well as law enforcement officials who called for his signature. The petition signers included veterans, business owners, farmers, industry leaders, and, perhaps more importantly, Texas voters.

Jonathan Miller, general counsel at industry advocacy organization U.S. Hemp Roundtable, said the governor’s veto sends a clear national message that “blanket” hemp bans are bad policy.

“Last night’s gubernatorial veto of hemp-killing S.B. 3 in Texas should prove to be a seminal moment for hemp farmers and businesses across the country,” Miller said in a statement provided to Cannabis Business Times. “Members of Congress, governors and state legislators must take notice that hemp bans are not only bad policy, but they are also deeply unpopular, even among the most conservative voters in a red state like Texas.”

With the Texas special session scheduled to begin July 21, Miller said the “correct” response is for lawmakers to regulate hemp products over a “misguided prohibition.”

State lawmakers who backed S.B. 3 did so in the name of public health and safety concerns, suggesting that Texas’ youth had unfettered access to intoxicating products in smoke shops, gas stations and convenience stores. Patrick, who championed the bill as the presiding officer in the Texas Senate, continued to push for support for S.B. 3 even after its passage, suggesting in a May 28 press conference that hemp product manufacturers and retailers “are people that want to kill your kids. And they don’t give a damn.”

However, Patrick’s own experience visiting Austin-based hemp retailer Happy Cactus was very different just a few months ago, when he was carded and did not find any products with noncompliant serving sizes.

Patrick, who could become a political opponent who challenges Abbott’s pursuit of a fourth gubernatorial term in 2026, took issue with the governor’s veto

“Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas,” Patrick wrote June 23 on X. “His late-night veto, on an issue supported by 105 of 108 Republicans in the Legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned. I feel especially bad for those who testified and poured their hearts out on their tragic losses. I will have much more to say at a press conference tomorrow in Austin.”

This represents a U-turn from May 28, when Patrick told reporters, “I’m not worried about the governor. I speak with the governor every day.”

Patrick also called a reporter’s question “stupid” that day when the lieutenant governor was pressed on the idea of more tightly regulating consumable hemp products over prohibition. “That’s crazy talk,” Patrick said.

After Patrick’s May 28 press conference, Lukas Gilkey, the CEO of Austin-based consumer-packaged goods brand Hometown Hero, accused the lieutenant governor of “spitting out lies” after Patrick held up a package of the company’s cereal bites, claiming “no one knows what’s in it.”

Gilkey posted a video on social media on that same day, explaining the product’s package had 10 individually wrapped pieces containing 20 milligrams of delta-9 THC, with a full list of ingredients on the back and a QR code for the certificate of analysis.

“[He’s] just spitting out lies like he always does,” Gilkey said. “He just held up one of our products, this exact product, and said it had 6,000 milligrams [of THC], which it does not. … It is very clearly stated what this is: 20 milligrams delta-9 THC and 20 milligrams CBD per piece. … There’s a COA, per state law in Texas, because this is a regulated product.”

In addition to prohibiting the manufacture and sale of hemp products with even trace amounts of THC, S.B. 3 would have made it a third-degree felony to deliver or possess with intent to deliver consumable hemp products with intoxicating cannabinoids. It would also be a third-degree felony to falsify laboratory reports or to possess, manufacture or sell the products without a license or registration.

Those convicted of third-degree felonies in Texas face two to 10 years imprisonment and up to a $10,000 fine. Under current Texas law, possessing 4 ounces or less of cannabis is a misdemeanor with the possibility of up to one year behind bars.

In Sunday night’s veto proclamation, Abbott called S.B. 3’s language a legal problem, as the 2018 Farm Bill defines hemp as containing no more than 0.3% delta-9 THC on a dry-weigh basis during a pre-harvest field test. The federal legislation does not regulate finished goods. The U.S. Ninth and Fourth Circuit courts ruled this definition to be “unambiguous.”

“[S.B. 3] criminalizes what Congress expressly legalized and puts federal and state law on a collision course: Today, federal law promises Texas farmers that they may grow hemp without fear of criminal liability,” Abbott wrote. “But under Senate Bill 3, the seeds used to grow those plants are ‘consumable products’—currently available in stores—and they naturally contain cannabinoids. What’s a Texas farmer to do? Trust the federal government’s promise, or fear criminal liability from the state?”

As passed by the Texas Legislature, S.B. 3 would not only have been a criminal entrapment for Texas farmers, but it would have also criminalized “innocent” Texans, Abbot said, referring to pharmacists stocking health supplements, veterans treating post-traumatic stress disorder, and parents caring for epileptic children with medicine approved by the U.S. Food and Drug Administration.

Facing a potential “lengthy” legal battle, Abbott said S.B. 3 would have resulted in consequences opposite of its intent. Instead, the governor called on lawmakers to go back to the drawing board to craft a regulatory framework that protects public safety while also aligning with federal law.

The governor provided a sample list of 19 potential regulations that could work, including many suggestions that would more closely align the state’s hemp regulations with those of alcohol. The sample list is viewable here.

“Passing a law is not the same thing as actually solving a problem,” Abbott wrote. “Texas needs a bill that is enforceable and will make our communities safer today, rather than years from now.”

Colorado Gov. Jared Polis (D) announced last week that he was pardoning some people who were convicted of possessing certain psychedelic substances, CBS News reports. The pardons go to individuals who were convicted by the state for possessing psilocybin or psilocin,

The governor announced the pardons Wednesday while speaking at the Psychedelic Science 2025 conference at the Colorado Convention Center in Denver. The week-long conference investigates and celebrates psychedelics in the context of mental health, medicine, and consciousness.

“This is a step forward for the individuals — they’ll now have this cleared from their records,” the governor said in the report.

“Colorado has been a national leader in breaking through outdated laws around cannabis, and now we are doing the same for natural medicine. This action eliminates past state-level convictions for psilocybin and psilocin possession that would be legal today. With these pardons, we are fulfilling the will of Colorado voters and moving away from ineffective drug policy and encouraging local municipalities to follow suit.” — Gov. Polis, in a press release

Colorado voters approved language in 2023 to decriminalize the low-level possession of natural psychedelics like psilocybin or psilocin, the two chemicals most associated with psychedelic mushrooms.

While speaking two years ago at the Psychedelic Science 2023, Gov. Polis stated then that he intended to issue pardons for all criminal convictions in the state related to psychedelics.

Previously, the governor has issued thousands of pardons for cannabis possession convictions.

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The governor of Texas says that, rather than outright ban consumable hemp products, lawmakers should establish a regulatory framework that treats cannabinoids “similar to the way alcohol is regulated.”

After vetoing a controversial bill on Sunday that would have effectively eliminated the state’s hemp market, Gov. Greg Abbott (R) proposed an extensive list of policy changes that he says he would support—and which the legislature will have the chance to enact during a special session the governor is convening next month.

“Texans on each side of the Senate Bill 3 debate raise serious concerns. But one thing is clear—to ensure the highest level of safety for minors, as well as for adults, who obtain a product more dangerous than what they expected, Texas must strongly regulate hemp, and it must do so immediately,” Abbott said.

Part of the rationale behind his veto was the risk of litigation over “valid constitutional challenges” that he suggested would hold up in court. And to that end, multiple top Texas hemp companies did file a preemptive lawsuit challenging the legislation, SB 3, before the governor’s veto.

“If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuses unaddressed,” Abbott said in his veto message. “Texas cannot afford to wait.”

“At worst, Senate Bill 3 would be permanently invalidated by the courts; at best, its implementation would be delayed for years as the case winds its way through the legal system,” he said. “We can do better.”

Rather than face the possibility of having the law enjoined, or indefinitely delayed, the governor said the state “must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure, and can take effect without delay.”

“Legislators could consider a structure similar to the way alcohol is regulated, with strict enforcement by an agency like the Texas Alcoholic Beverage Commission,” he said, adding a list of recommended policies he wants to see lawmakers adopt that include age restrictions, zoning requirements and bans on public consumption.

Here’s the full list of the governor’s recommended hemp regulations:

• Selling or providing a THC product to a minor must be punishable as a crime.
• Sales must be prohibited near schools, churches, parks, playgrounds, and other areas frequented by children.
• Packaging must be child-resistant, tamper-evident, and resealable;
• Products must not be made, packaged, or marketed in a manner attractive to children.
• Any store selling these products must have a permit and restrict access to anyone under the age of 21, with strict penalties for any retailer that fails to comply.
• Products containing THC may not contain other psychoactive substances (e.g., alcohol, tobacco, kratom).
• Testing must be required at every phase of production and manufacturing, including for both plants and derivative consumable products.
• Manufacturing and processing facilities must be subject to permitting and food safety rules.
• Permit and registration fees must suffice to support robust enforcement and testing by the Texas Alcoholic Beverage Commission, in partnership with other state agencies.
• An operator’s permit and warning/danger signs must be posted at any store selling these products.
• Sales must be limited to the hours between 10:00 a.m. and 9:00 p.m., and prohibited on Sundays.
• The amount of THC permissible in each product must be restricted and an individual may make only a limited number of purchases in a given period of time.
• Labels must include a surgeon general-style warning, a clear disclosure of all ingredients, including the THC content, and a scannable barcode or QR code linking to test results.
• Fraudulently creating or displaying manifests or lab results must be punishable as felony offenses.
• Public consumption, consumption on the premises of any store that sells these products, and possession of an open container in a vehicle must be punishable as crimes.
• The Attorney General, district attorneys, and county attorneys must have authority to pursue violations under the Deceptive Trade Practices Act.
• Local governments must have the option to prohibit or limit stores selling these products.
• Excise taxes must be assessed on these products to fund oversight and enforcement.
• Additional funding must be provided to ensure law enforcement have sufficient resources to vigorously enforce restrictions.

“This list, of course, is not exhaustive. But it may provide items to consider in a regulatory system that is strict, fair, and legally sustainable,” Abbott said. “Passing a law is not the same thing as actually solving a problem. Texas needs a bill that is enforceable and will make our communities safer today, rather than years from now. Next month, the Legislature will have the opportunity to address this serious issue. I look forward to working with them to ensure that we get it right.”

Abbott on Sunday called a special session of a legislature to begin on July 21, saying in a press release that SB 3 and other vetoed bills would be placed on the agenda for further consideration.

Hemp advocates and stakeholders had delivered more than 100,000 petition signatures asking Abbott to veto the measure. Critics of the bill argued that the industry—which employs an estimated 53,000 people—would be decimated if the measure became law.

Texas lawmakers legalized the sale of consumable hemp in 2019, following enactment of the 2018 federal Farm Bill, which legalized the plant nationwide. That’s led to an explosion of products—including edibles, drinks, vape products and cured flower—sold by an estimated 8,000 retailers.

Military veterans advocates, including Texas Veterans of Foreign Wars, have also called on the governor to veto the hemp ban, saying it “would cause irreversible harm to communities across the state.”

Farmers have also said the prohibition would devastate a key sector of the state’s agriculture industry.

Lt. Gov. Dan Patrick (R), who championed the hemp ban legislation this session, criticized Abbott’s move to veto the bill.

“His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned,” he said on social media. “I feel especially bad for those who testified and poured their hearts out on their tragic losses.”

Meanwhile, a recent survey from a GOP pollster affiliated with President Donald Trump showed that Texas Democratic and Republican voters are unified in their opposition to the hemp ban bill.

Another poll commissioned the Texas Hemp Business Council (THBC) found that Texas Republican primary voters oppose the proposal.

On Saturday, the governor signed bill to significantly expand the state’s medical marijuana program with new qualifying conditions additional product forms and more dispensary locations.

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Abbott separately signed a bill into law this month to create a state-backed research consortium to conduct clinical trials on ibogaine as a possible treatment for substance use disorders and other mental health conditions. The ultimate goal of the project is to develop the psychedelic into a prescription drug with federal Food and Drug Administration (FDA) approval, with the state retaining a portion of the profit.

The measure expands the state’s list of medical cannabis qualifying conditions to include chronic pain, traumatic brain injury (TBI), Crohn’s disease and other inflammatory bowel diseases, while also allowing end-of-life patients in palliative or hospice care to use marijuana.

Separately in Texas, a House committee approved a Senate-passed bill last month that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.

Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.

While several courts have previously upheld local cannabis decriminalization laws, an appellate court comprised of three conservative justices appointed by the governor has recently pushed back against two of those rulings, siding with the state in its legal challenge to the marijuana policy in Austin and San Marcos.

Despite the ongoing litigation and advancement of the House and Senate bills, Texas activists have their targets set on yet another city, Kyle, where they hope put an initiative before voters to enact local marijuana reform at the ballot this coming November.

A recent poll found that four in five Texas voters want to see marijuana legalized in some form, and most also want to see regulations around cannabis relaxed.

Read the governor’s veto message on the hemp bill below: 

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