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Game Over in Texas? House Approves Bill to Ban Intoxicating Hemp Products

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No more delta-8 THC. No more delta-10 THC. No more chemically altered THC extracts.

“If it gets you high, it is not legal anymore,” Texas House Rep. Tom Oliverson, R-Cypress, said while offering a floor amendment May 21 that, after more than two hours of debate, ultimately restored provisions to a Senate-passed bill that aims to ban consumable hemp products containing any amount of THC or other intoxicating cannabinoids.

Under Senate Bill 3, which the upper chamber passed in a 24-7 vote in March, would prohibit manufacturing hemp products containing any amount of a cannabinoid other than nonintoxicating CBD or CBG, delivering a knock-out blow to an estimated $8 billion state industry that employs some 50,000 workers.

The Texas House State Affairs Committee had provided a substitute for S.B. 3 that would have instead created a rigid regulatory framework for hemp products containing THC rather than an outright ban.

Oliverson, a board-certified anesthesiologist, was not interested in entertaining the counter option.

No more legal gray zones,” Oliverson said during Wednesday night’s House floor session. “We are not banning hemp. We are banning high. This amendment will preserve the right to grow industrial hemp and sell nonintoxicating CBD and CBG under current state and federal law. But if it gets you high, it is not legal anymore. We will not be allowing the sale of THC-based intoxicants in any forms.”

Oliverson’s position aligns with Texas Lt. Gov. Dan Patrick, who championed S.B. 3 as the top leadership figure in the Senate.

In addition to prohibiting intoxicating hemp products, S.B. 3 would make it a third-degree felony to manufacture, 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.

The House voted, 88-53, to adopt Oliverson’s amendment, choosing prohibition over regulation, after much of the evening’s debate centered on the state’s veterans having access to products that many of them use to treat post-traumatic stress disorder (PTSD) and other mental or physical health conditions. Although Texas has a low-THC medical cannabis program, the Texas Compassionate Use Program (TCUP), that program is severely limited.

With the amendment in place, House lawmakers passed the underlying legislation, 95-44. They are expected to adopt a third reading of the bill on May 22 before officially sending it back to the Senate for a final sign-off before it can arrive at Gov. Greg Abbott’s desk.

After Wednesday’s House passage, Lukas Gilkey, the CEO of Austin-based consumer-packaged goods brand Hometown Hero, said in a video post on X that he expects Abbott to sign the legislation.

“Immediately, we are going to be prepping for a lawsuit,” Gilkey said. “The Texas Hemp Business Council has resources allocated for this specific purpose. So, this is something that’s going to impact all of us. … The fight is not over.”

Hometown Hero is just one of more than 6,000 Texas-based businesses that sell edibles, inhalable products and other popular form factors containing delta-9 THC, delta-8 THC or other compounds derived or created from hemp.

Oliverson said Texas lawmakers and Abbott never intended to permit manufacturing and selling hemp “intoxicants” when they adopted House Bill 1325 in 2019, which authorized the commercial production of industrial hemp following the federal legalization of hemp in the 2018 Farm Bill.

However, after five years of Texans having access to consumable hemp products, prohibition is not the solution, Rep. Gene Wu, D-Houston, said May 21 on the House floor.

“It is 2025, and we’re still rehashing parts of Reefer Madness from the 50s and 60s,” he said. “We thought that we had gotten past this, that we’ve grown, that we’ve gotten smarter, learned more, built more knowledge, and we’re past this. But here we are back again, trying to go backwards in time.”

While Wu acknowledged that THC is a compound that children should not consume, he said the dangers are “way far overblown,” adding that THC has caused zero fatalities in a nation that continues to struggle with the abuse of deadly alternatives.

“The point is that many people, yes, they do self-medicate with THC because it makes their lives better, and we should support this,” he said. “You know why? Because if they were not self-medicating with THC, they would be self-medicating with alcohol and opioids.”

After the House moved forward on the Senate’s prohibition version of S.B. 3, industry veteran Thomas Winstanley, the executive vice president of Edibles.com, condemned the legislation.

Winstanley, who spent six years working with Massachusetts-based multistate operator Theory Wellness, spearheaded Edible Brands’ entrance into the hemp-derived THC marketplace via Edibles.com’s e-commerce platform for deliveries earlier this year. Edible Brands is the parent company of Edibles Arrangements.

While S.B. 3 may aim to address a “real consumer health issue” in Texas—unregulated products—the legislation’s cure is worse than the disease, Winstanley said in a statement provided to Cannabis Business Times.

“Is there a need for a thoughtful policy that codifies a sustainable and regulated path forward? Absolutely. But does S.B. 3 accomplish that? No,” he said. “In fact, it does the opposite, fueling the very risks it claims to eliminate by pushing safe, regulated products out of reach and creating a vacuum that will be filled by unregulated, illicit alternatives.”

While several House members pointed to the state’s veteran community as one that supports access to consumable THC hemp products, and, more broadly, cannabis legalization, Rep. David Lowe, R-North Richland Hills, spoke in support of the ban.

Lowe, an Army veteran who served four tours overseas, including two combat deployments to Afghanistan, told his colleagues in the House that he doesn’t take the issue lightly after suffering greatly from PTSD.

“Some are using veterans with PTSD as a reason to oppose this bill,” he said. “As someone who has lived through the darkness of war and its aftermath, I say this sincerely: Stop using veterans like me as a vehicle to push your unregulated hemp products.”

Rep. Josey Garcia, D-San Antonio, took issue with those remarks.

The first woman, active-duty veteran to serve in the Texas House, Garcia committed to the U.S. Air Force through the Delayed Enlistment Program at 16, going on to serve deployments in Cameroon and Iraq, including as part of Operation Iraqi Freedom.

Garcia said her staff fielded hundreds of emails and letters this legislative session from veterans asking to legalize THC.

“Out of hundreds of emails that I had, there’s only one that I saw that was from a veteran asking us to ban THC, and we all got that letter on our desk today,” she said “One thing that has me very concerned when we’re talking about supporting our veterans, a lot of you walk around calling yourself patriots, and you wear the pin on your chest to represent a very free country that we live in … those of us who have chosen to wear the uniform have done so with the inherent knowledge that we are giving up our lives for our freedoms.”

Garcia called S.B. 3’s prohibition policy a bait-and-switch maneuver by lawmakers who say they’ll support veterans only to create legal ramifications for those who choose an alternative to pharmaceuticals as a means to “quiet the nightmares” of their service.



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New Bipartisan Pennsylvania Bill Would Create Marijuana Regulatory Board Ahead Of Possible Adult-Use Legalization

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Bipartisan Pennsylvania senators have introduced a bill to create a new regulatory body in the state that would begin overseeing medical cannabis while preparing to eventually handle the adult-use market as well.

The 52-page legislation is being sponsored by Sen. Dan Laughlin (R), along with 16 other members from both parties. While it wouldn’t legalize adult-use cannabis as the lead sponsor has supported, it would establish a regulatory infrastructure that could be used to oversee such a program.

Laughlin, who has sponsored legalization bills in the past, previewed the new measure in May, writing that Pennsylvania should first take steps to make sure the state is “ready to act when legalization becomes law” by establishing a Cannabis Control Board (CCB) now.

“Legalization of adult-use cannabis in Pennsylvania is no longer a matter of if, it is when. And when that day comes, the state should not be scrambling to build a regulatory system from scratch,” he said. “A transparent, efficient framework should already be in place, one designed to support a safe, well-regulated cannabis industry from day one.”

At the time, he indicated that the board would also be responsible for regulating the hemp market under the proposal, but the language of the introduced legislation is somewhat opaque on that component of the cannabis industry.

In a cosponsorship memo, the senator said his bill would “transfer regulatory control of the Medical Marijuana Program to the CCB, ensuring continuity, efficiency, and improved oversight of medical cannabis businesses and patient access.” It would further “establish uniform safety standards to protect consumers from untested and potentially harmful products.”

The bill text itself also doesn’t contain an explicit references to adult-use, or recreational, marijuana, and it would not enact legalization on its own. But the description indicates that the sponsors feel the current regulatory regime under the Pennsylvania Department of Health should be replaced with a more targeted agency that would ostensibly be suited to oversee an adult-use market if lawmakers move to end prohibition.

“By consolidating oversight under a single regulatory board, we can eliminate inconsistencies, enhance transparency, and provide the structure needed to responsibly manage this industry,” the memo says.

Most of the bill describes the process of establishing the CCB, with details about the selection criteria and other procedural information. The duties section of the legislation lists various authorizations for the board, including members’ ability to conduct investigations, promulgate regulations, consult with other departments and more to achieve its oversight goals.

Meanwhile, Sen. Shariff Street (D), one of the original cosponsors of the new bill, said last week that he was working with bipartisan and bicameral lawmakers to develop a passable marijuana legalization measure as the legislature approached Monday’s budget deadline—telling supporters at the time that “we’re getting close” and they shouldn’t “ease up” on the fight.

“There are some basic things that we know we need to have done,” he said. “We need to make sure when we pass a recreational adult-use bill that we seal and expunge the records of all those people who’ve been who’ve had cannabis convictions in the past.”

Street thanked his bipartisan colleagues in the House—including Reps. Emily Kinkead (D), Abby Major (R) and Amen Brown (D), who have championed their own legalization proposals—for working with the Senate “in a collaborative way.”

“We have a good core group of us who’ve been working to move this bill—to move this concept forward—and I think we’re gonna get it done,” he said. “We need your voices to stay engaged. We need to stay involved.”

Meanwhile, Senate Majority Leader Joe Pittman (R) recently said marijuana legalization would not be included in the 2026 budget as lawmakers approached the deadline he expected they would miss. But Gov. Josh Shapiro (D) is still holding out hope that negotiators can “get it done.”

Legislators appear to be at an impasse on certain key issues, including the governor’s request to legalize adult-use cannabis via the legislation. Pittman said he doesn’t see a path forward for the reform on that schedule, however.

Shapiro, on the other hand, hasn’t quite thrown in the towel, saying at a press briefing earlier last month that “we all understand we have to compromise” on a number of issues to reach a budget agreement.

Pittman, for his part, criticized House lawmakers for passing a marijuana legalization bill that would have involved state-run shops. The legislation was quickly rejected by a Senate committee.

Following that defeat, the governor said he still remained “hopeful” that lawmakers could deliver a reform bill to his desk by a budget deadline at the end of last month—and he urged the GOP-controlled Senate to “put their ideas on the table.”

“We’ve had really good, honest dialogue about it,” the governor, who separately criticized the Senate for abruptly derailing the House marijuana legalization bill, said.

“Look, I think this is an issue of competitiveness,” he said. “Every state around us, with the exception of West Virginia, has gotten it done. You go visit some of these dispensaries along our border—in this case with Maryland, [that] is probably the closest one here. Sixty percent of the people walking into those dispensaries are from the Commonwealth of Pennsylvania.”

Whether Pennsylvania legislators will advance legalization this session remains to be seen. But two Democratic lawmakers—Street and Rep. Rick Krajewski (D)—recently said they’re aiming to reach a compromise and pass reform legislation before the budget deadline.

Also, in May, Sen. Marty Flynn (D) announced his intent to file a new bill to legalize marijuana in the state, calling on colleagues to join him on the measure.

While the House legislation Krajewski sponsored alongside Rep. Dan Frankel (D) was rejected in a Senate committee following its expedited passage through the House along party lines, Street said he’s “cautiously optimistic we’re going to be able to revive the bill and amend it and move forward with a work product that allows us to get a bill on the governor’s desk and realize revenue.”

Following the Senate committee vote, lawmakers from both chambers who support legalization have been trading criticisms about each other’s roles in the stalled push to end prohibition.

Krajewski, for example, recently wrote in a Marijuana Moment op-ed that Senate Republicans who killed his House-passed cannabis legalization bill are “stuck in their prohibitionist views of the past” and are “out of touch with the will of our Commonwealth.”

Prior to that vote, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.

For what it’s worth, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores.

The governor has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.

GOP lawmaker Major—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Democrat Kinkead—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.

While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.

Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.

Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.

The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.

Meanwhile, Laughlin recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.

The senator argued that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”

Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.

Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”

Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.

Separately in March, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.

While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.

Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.

Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.

Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.


Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Also, in a video interview released in March, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.

“I think it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”

The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.

Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.

Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.

A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.

New Hampshire Bill To Ease Psilocybin Penalties Advances Through House But Is Tabled In Senate

Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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House bill would “destroy” hemp industry, GOP senator says (Newsletter: July 1, 2025)

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KY gov: medical marijuana plants “really soon”; Mike Tyson pushes Trump on cannabis; NH psilocybin; SCOTUS marijuana case; Gluten-free hemp baking

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/ TOP THINGS TO KNOW

Sen. Rand Paul (R-KY) told Marijuana Moment that a bill advancing in the House to ban hemp products with any quantifiable amount of THC would “completely destroy the American hemp industry.”

  • “I don’t know how you’d be able to sell CBD oil with that.”

Kentucky Gov. Andy Beshear (D) said medical cannabis growers will be “putting seed in the ground really soon” and that he hopes patients get access by the end of the year.

The New Hampshire Senate tabled a bill to lower penalties for first-time psilocybin possession that had narrowly cleared the House of Representatives.

Mike Tyson delivered his marijuana reform message to President Donald Trump in a Fox News appearance—urging him to support rescheduling cannabis and saying its current classification in Schedule I alongside heroin is “ridiculous.”

Doctors for Drug Policy Reform is launching a campaign to empower more physicians and healthcare professionals to join the movement to end the war on drugs—including with a new toolkit on “Transitioning from a Criminal Justice Model of Drug Use to a Health-focused Approach.”

A new study on gluten-free baked goods shows that “hemp oil and hemp flour are viable ingredients for traditional cakes and desserts, notably contributing increased nutritional value through the CBD-enriched hemp oil and the beneficial profile of hemp flour.”

Former U.S. Department of Justice Tax Division Deputy Assistant Attorney General James B. Mann argues in a new Marijuana Moment op-ed that a pending cannabis industry lawsuit has “precisely zero chance of being heard by the Supreme Court.”

Tuesday marks four years since Connecticut’s recreational marijuana legalization law took effect, and here’s a look at how cannabis product sales trends have evolved over that time.

/ FEDERAL

The Drug Enforcement Administration promoted an article about a study on marijuana edibles being appealing to teens.

New Food and Drug Administration Center for Drug Evaluation and Research Deputy Director Mike Davis previously served as chief medical officer for Usona Institute, which works to advance psychedelic science.

Rep. Thomas Massie (R-KY) responded to a claim that he has never authored a bill that became law by tweeting, “This is false. My industrial hemp act became law when it was incorporated by a vote of the House as part of the farm bill.”

/ STATES

A Delaware representative discussed the passage of a bill to limit county restrictions on marijuana businesses.

Georgia’s agriculture commissioner announced arrests of suspects in an interstate hemp oil theft case.

An Alabama court is considering a lawsuit seeking to block the state’s hemp restriction law.

A Maryland marijuana tax increase takes effect on Tuesday.

Colorado regulators are taking the first steps toward allowing ibogaine at psychedelic healing centers.

New York regulators published guidance on preempting “unreasonably impracticable” local cannabis laws.

The California State Fair Cannabis Awards announced the winners of this year’s competition.

Ohio regulators are urging people who use marijuana at Fourth of July celebrations to “use good judgment and ensure the safety of those around them.”


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.


Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

/ LOCAL

Denver, Colorado officials are accepting applications for psychedelic healing center licenses.

/ INTERNATIONAL

Grenada Prime Minister Dickon Mitchell discussed plans to advance marijuana reform legislation.

Georgian Prime Minister Irakli Kobakhidze said the government will be “absolutely uncompromising toward drug crime” and “will not allow anyone to opaquely finance pro-drug campaigns in our country with external funding to encourage the consumption of marijuana, club drugs and other similar substances.”

/ SCIENCE & HEALTH

A study suggested that cannabis sativa residues “may enhance meat quality and antioxidant defense in broiler chickens.”

A study found that “MDMA combined with supportive therapy for PTSD is safe and effective.”

/ ADVOCACY, OPINION & ANALYSIS

The Marijuana Policy Project is hiring a new executive director.

/ CULTURE

Lorde spoke about how MDMA-assisted therapy “changed the game on my stage fright.”

Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox.

Photo courtesy of Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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Advocacy Organizations Call on Meta to End Censorship of Cannabis and Psychedelic Communities

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In a letter to Meta Platforms, Inc., the parent company of Facebook and Instagram, a group of cannabis and psychedelic advocacy organizations, led by Students for Sensible Drug Policy (SSDP), called on the company to end what it describes as “ongoing and disproportionate censorship of content related to cannabis, psychedelics, and harm reduction.”

“Accounts committed to public education, legal and policy advocacy, research dissemination, and harm reduction services — including those of licensed healthcare professionals, nonprofits, and legal businesses — have been routinely shadowbanned, deplatformed, or had their posts removed with little explanation or recourse, despite operating in full compliance with local laws. This suppression is not merely an inconvenience; it is a form of digital marginalization.” — SSDP, in the letter

The groups argue the censorship of cannabis and psychedelics continue amid accelerating overdose deaths and mental health crises, and call on Meta to “end discriminatory bans and shadowbans,” “establish clear, transparent, and consistent content policies that distinguish between promotion of the sale of illegal substances and legitimate drug education and advocacy,” “create a dedicated appeals and accountability process specific to drug-related content that includes community stakeholders and subject-matter experts,” and “engage in regular dialogue with the psychedelic, cannabis, and harm reduction communities to better understand our work and co-create equitable guidelines for content moderation.”

In all, 81 organizations, consisting of students, educators, researchers, advocates, entrepreneurs, and community leaders, joined the letter, calling Meta’s policy “censorship of science, public health, legal, and public policy discourse” and describing the policy as “not an act of neutrality.”

“As the cultural and legal landscapes around these issues evolve,” the letter states, “so too must your policies.”



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