Texas will not kill the state’s booming hemp THC industry after Gov. Greg Abbott (R) on Sunday evening vetoed a bill to ban THC throughout the state. Championed by Lt. Gov. Dan Patrick (R) — who made banning hemp-derived THC his top priority for the year — Senate Bill 3 would have banned products containing any amount of THC, even when sourced from industrial hemp.

The governor was under intense pressure to veto the bill from hemp advocates, veteran groups, and business owners. Despite passing both legislative bodies and garnering support from most of the state’s conservative lawmakers, recent polling showed the proposed ban was not popular even among Republican voters. Advocates additionally said they delivered over 180,000 petition signatures and over 5,000 handwritten letters this month asking the governor to veto the proposal.

The veto came less than an hour ahead of the deadline for the governor’s decision on the issue.

Lt. Gov. Patrick attacked Abbott following the veto, writing on X:

“Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas. 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.” — Patrick, in a social media post

The governor also decided on Saturday to sign into law a proposal expanding the state’s limited cannabis program to cover new qualifying conditions and cannabis delivery methods. Previously, the Texas Compassionate Use Program (TCUP) only allowed access to very low levels of THC, and for very few patients.

Changes to the program will include adding traumatic brain injuries, chronic pain, and a terminal illness or condition that requires hospice as qualifying conditions to the program. Additionally, the program will allow for vaporized or aerosolized medical cannabis delivery – smoking, however, will remain banned under the new law.

The bill also raises the number of dispensing organizations from three to 15, and allows retailers to manage satellite locations for securely storing medical cannabis for distribution.

“For too long, the existing Texas Compassionate Use Program has been severely limited, leaving countless Texans without the relief they desperately need. Texans have spoken, and their voices have been heard. HB 46 will expand access to medical cannabis, a relatively safe and effective treatment option that has long been sought by patients suffering from pain and several other serious medical conditions,” — Kevin Caldwell, Southeast Legislative Manager at the Marijuana Policy Project, in a press release

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In a recent filing with the U.S. Supreme Court, the Trump-led Department of Justice (DOJ) is doubling down on arguments made under former President Joe Biden that users of illegal drugs—including marijuana—”pose a clear danger of misusing firearms.”

That risk, DOJ contends, justifies the longstanding federal prohibition on gun ownership by drug consumers—known as Section 922(g)(3)—despite the Constitution’s broad Second Amendment protections.

In a petition for review by the high court, U.S. Solicitor General D. John Sauer argues that despite recent appeals court decisions calling the constitutionality of the firearms ban into question, the restriction is nevertheless lawful.

“Section 922(g)(3) complies with the Second Amendment,” the government’s June 2 filing in the case, U.S. v. Hemani, says. “That provision targets a category of persons who pose a clear danger of misusing firearms: habitual users of unlawful drugs.”

Some lower courts have said the government’s blanket ban on gun and ammunition possession infringes on the Second Amendment—at least as applied to certain individual cases—because there’s no historical justification for such a broad restriction on an entire category of people.

But in the appeal petition in Hemani, Trump’s solicitor general said the ban is necessary and narrowly tailored enough to survive the legal challenge.

The federal statute “bars their possession of firearms only temporarily and leaves it within their power to lift the restriction at any time; anyone who stops habitually using illegal drugs can resume possessing firearms.”

Notably, while the government mentions “habitual” users of illegal drugs 40 times in its filing, that word does not itself appear in 922(g)(3). The language of the statute prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from purchasing or possessing firearms or ammunition.

A reply brief from Hemani’s lawyers is due to the Supreme Court by July 21.

While DOJ is asking the high court to take up the Hemani case, at least two other, similar cases are waiting in the wings: U.S. v. Cooper and U.S. v. Baxter both of which also hinge on the constitutionality of 922(g)(3).

In Cooper, an Eighth Circuit U.S. Court of Appeals panel dismissed a three-year prison sentence against a person convicted for possession of a firearm while being an active user of marijuana. Judges in that case ruled that government’s prohibition on gun ownership by drug users is justified only in certain circumstances—not always.

“Nothing in our tradition allows disarmament simply because [the defendant] belongs to a category of people, drug users, that Congress has categorically deemed dangerous,” their ruling said.

In Baxter, the Eighth Circuit ruled 922(g)(3) unconstitutional as applied to the facts in the case.

Judges in that case wrote that there were insufficient factual findings in the record “for this Court to review Baxter’s as-applied Second Amendment challenge.” Nevertheless, the they wrote, “We reverse the district court’s ruling on Baxter’s as-applied Second Amendment challenge and remand to the district court for further proceedings consistent with this opinion.”

In recent weeks, the government has sought further time from the court to decide whether to seek an appeal in the other cases. And when DOJ filed its appeal in Cooper, it further asked the court to slow walk the case, requesting justices “hold the petition for a writ of certiorari pending the disposition of the petition in United States v. Hemani…and should then dispose of this petition as appropriate.”

One reason DOJ could be focused on the high court taking up Hemani in particular is that the defendant is not only a cannabis user but also a user of cocaine who’s sold drugs in the past, perhaps reasoning that he is a less sympathetic face of drug consumers’ gun rights. Defendants in the other cases were merely found in possession of both a firearm and marijuana.

If the Supreme Court takes up Hemani and declares 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases.

One risk to the government appealing the lower court rulings are that if the Supreme Court does take the case, justices may in fact rule unfavorably to the government, possibly cementing that § 922(g)(3) is—in at least some cases—unconstitutional.

A number of federal courts in recent months have cast doubt on the legality of § 922(g)(3), finding generally that while the ban on gun ownership among drug users may not be entirely unconstitutional, there’s scant historical precedent for such a broad restriction of Second Amendment rights on an entire a category of people.

Earlier this year, for example, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent.

In another case earlier this year, a Fifth Circuit panel ruled that the firearms ban was unconstitutional as applied to least one defendant. That ruling came on the heels of a string of other judicial decisions casting doubt on the legality of the ban.

A federal judge in El Paso, for instance, ruled late last year that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed.

Another panel of judges, on the U.S. Court of Appeals for the Tenth Circuit, heard oral arguments in November in the government’s appeal of a district court ruling that deemed the gun ban unconstitutional.

Much of the panel’s discussion at oral argument in that case surrounded whether the underlying dispute was a facial challenge to the gun ban or an as-applied challenge. And, as in other cases, judges zeroed in on whether or not that defendant was actually under the influence of marijuana while in possession of a firearm.

In a separate federal court case, Department of Justice (DOJ) lawyers recently made arguments that the ongoing firearm restriction for cannabis users is “analogous to laws disarming the intoxicated” and other historical laws “disarming many disparate groups that the government believed presented a danger with firearms.”

That brief was the latest response to a case filed by a Pennsylvania prosecutor who’s suing the federal government over its ban on gun ownership by cannabis users. It came two weeks after lawyers for the official, Warren County District Attorney Robert Greene, asked the U.S. District Court for the Western District of Pennsylvania to allow the matter to proceed to trial.

In a number of the ongoing cases, DOJ has argued that the prohibition on gun ownership by marijuana users is also supported by a recent U.S. Supreme Court decision, U.S. v. Rahimi, that upheld the government’s ability to limit the Second Amendment rights of people with domestic violence restraining orders.

DOJ has made such arguments, for example, in favor of the firearms ban in a case in a case in the U.S. Court of Appeals for the Eleventh Circuit. In that matter, a group of Florida medical cannabis patients contends that their Second Amendment rights are being violated because they cannot lawfully buy firearms so long as they are using cannabis as medicine, despite acting in compliance with state law.

DOJ under President Joe Biden consistently argued that medical marijuana patients who possess firearms “endanger public safety,” “pose a greater risk of suicide” and are more likely to commit crimes “to fund their drug habit.”

It remains unclear how the Trump administration will approach the cases. At a NRA conference in 2023, Trump suggested there might be a link between the use of “genetically engineered” marijuana and mass shootings. He listed a number of controversial and unproven factors that he said at the time he would direct the Food and Drug Administration (FDA) to investigate as possibly causing the ongoing scourge of mass shooting afflicting the country.

“We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks” that lead to gun violence, he said.

DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals.

In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly.

Last year, Biden’s son Hunter was convicted by a federal jury of violating statute by buying and possessing a gun while an active user of crack cocaine. Two Republican congressmen challenged the basis of that conviction, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted.

The situation has caused confusion among medical marijuana patients, state lawmakers and advocacy groups, among others. The National Rifle Association’s (NRA) lobbying arm said recently that the court rulings on the cannabis and guns issue have “led to a confusing regulatory landscape” that have impacted Americans’ Second Amendment rights.

“Marijuana use is no longer limited to the domain of indigenous religious customs or youth-oriented counterculture and now includes a wide variety of people who use it for medicinal or recreational reasons,” said the advocacy group, which does not have an official stance on cannabis policy generally. “Many of these individuals are otherwise law-abiding and productive members of their communities and want to exercise their right to keep and bear arms.”

Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently, for example, a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms.

Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short.

As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law.

The official said that while people who already own firearms aren’t “expected to” turn them over if they become state-legal cannabis patients, those who “wish to follow federal law and not be in violation of it” must “make the decision to divest themselves of those firearms.”

Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill.

Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the Second Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level.

“I think the right way to deal with that is not just to focus on that issue, but to change the schedule of marijuana,” Beshear said at a press conference. “What we need to change is the overall marijuana policy by the federal government.”

Silk Road Drug Market Operator Pardoned By Trump Calls For More Prisoners To Be Freed, As Democrats Criticize His Clemency

TX gov signs medical cannabis bill; Dems slam Trump for freeing drug war prisoner; NJ cannabis training; Study: LSD & depression

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/ TOP THINGS TO KNOW

Sen. Bernie Moreno (R-OH), set to be the lead sponsor of cannabis banking legislation this session, told Marijuana Moment that he doesn’t expect to have conversations about the bill until the fall—saying he’s focused on other priorities right now and that SAFER Banking is “a tomorrow thing.”

Texas Gov. Greg Abbott (R) signed a bill to expand the state’s limited medical cannabis law with new qualifying conditions, additional product forms and more dispensary locations.

Texas Gov. Greg Abbott (R) vetoed a bill to ban consumable hemp products with any amount of THC following major pushback from industry, military veterans and more.

Ross Ulbricht, whose prison sentence for operating the online Silk Road drug marketplace was pardoned by President Donald Trump, said more than half the people he served time with also deserve to be freed—as House Judiciary Committee Democrats criticized Trump for Ulbricht’s clemency.

The New Jersey Department of State’s Business Action Center announced it completed the curriculum of a no-cost Cannabis Training Academy meant to support entrepreneurs interested in entering the marijuana industry.

A review by the Last Prisoner Project of state cannabis legislation in 2025 concludes that “legalization is advancing, but justice is still being denied”—with several bills to seal conviction records and provide sentencing relief for incarcerated people stalling without being enacted.

A new study found that “high-dose-LSD-assisted therapy reduced depressive symptoms more than low-dose therapy” and that “improvements in depression scores persisted up to 12 weeks after treatment”—highlighting the “promise” of the psychedelic “as a novel approach to treating depression.”

Nebraska Attorney General Mike Hilgers (R) sent cease and desist letters to 82 retailers over alleged sales of illegal THC-containing products, saying that “nearly every one of these products were mislabeled.”

The Massachusetts Cannabis Control Commission plans to vote on proposed rules for marijuana social consumption business licenses next month, with the aim of having final regulations in place by October.

The Missouri Division of Cannabis Regulation is reviewing policies on medical marijuana purchase limits following pushback from industry and patient representatives.

The Alabama Medical Cannabis Commission approved a license for a testing lab after a different company that was previously awarded a license decided not to renew.

/ FEDERAL

A Drug Enforcement Administration judge ruled against MMJ BioPharma Cultivation’s effort to obtain a cannabis bulk manufacturing license.

Rep. Julia Letlow (R-LA) sent a letter urging the White House Office of National Drug Control Policy to coordinate with other federal agencies to clarify rules for the use of drug overdose reversal medications by first responders.

/ STATES

Colorado Gov. Jared Polis (D) tweeted that the state “has been a national leader in finally ending outdated laws around cannabis, and now we are doing the same for natural medicine,”  saying that his recent psilocybin pardons are part of “fulfilling the will of Colorado voters, moving away from ineffective drug policy, opening the door to exciting new research opportunities into promising treatments, and encouraging local municipalities to follow suit.”

Maryland Gov. Wes Moore (D) discussed his expanded pardons for people with marijuana possession convictions.

The North Carolina Senate passed a bill to regulate and restrict hemp-derived products.

Ohio’s House minority leader said the legislature should not take marijuana tax revenue away from local governments, as some Republican-led bills would do.

An Arizona judge is expected to rule on a request for a preliminary injunction against the attorney general’s crackdown on hemp products this week.

California regulators announced a recall of marijuana products due to the presence of aspergillus.

Washington State regulators approved rules concerning the presence of minors at non-retail cannabis premises.

Minnesota regulators published guidance on cannabis events and licensing.

Florida regulators granted a waiver of certain requirements for a hemp testing lab.

Massachusetts cannabis regulators are now accepting registrations for their EquityWorks Career Hub.

—
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

A cannabis activist with Sativa Cross won the Democratic nomination for a Dover, New Jersey Town Council seat.

/ INTERNATIONAL

A former Canadian senator is working with Membertou First Nation to develop cannabis regulations.

/ SCIENCE & HEALTH

A study found that “the association of [medical cannabis legalization] with lower frequency of [non-medical prescription opioid] use was driven by individuals with cannabis use disorder, highlighting the importance of identifying tradeoffs of cannabis legalization as an intervention to reduce opioid-related harms.”

A study found that “CBD 20% was effective to significantly reduce [intraocular pressure] in healthy adult Italian Saddle horses and may be an effective hypotensive agent to be implemented in case of primary or secondary glaucoma.”

/ ADVOCACY, OPINION & ANALYSIS

The Association of American Railroads’s president and CEO testified at a Senate hearing that as a federal cannabis rescheduling proposal moves forward, “Congress should ensure that employers whose employees conduct safety-sensitive activities each day, like the railroads, maintain the ability to drug test employees for marijuana usage and treat positive tests as proof of unacceptable employee conduct.”

The Boston Herald editorial board is concerned that Massachusetts’s move to allow social cannabis consumption businesses could increase impaired driving.

/ BUSINESS

Frontier Risk launched an on-premise insurance program for venues and live events offering hemp-derived THC beverages.

Canadian retailers sold C$466.7 million worth of legal marijuana products in April.

/ CULTURE

Sabrina Carpenter said marijuana is “just not for me” and that she doesn’t “like the smell of it on clothing.”

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Photo courtesy of Chris Wallis // Side Pocket Images.