Texas lawmakers take decisive action against unregulated cannabis products that exploited hemp legislation loopholes. Texas legislators have successfully passed Senate Bill 3, implementing the Texas cannabis product ban. This ban targets a wide range of unregulated cannabis products that have flooded the state through legal loopholes in hemp legislation. The Texas cannabis product ban addresses what officials describe as a public health crisis that has particularly targeted young people and resulted in serious health consequences, including deaths.
The Scope of the Problem
Over the past three years, approximately 8,000 shops have opened across Texas selling products containing Delta-8 and Delta-10 THC compounds. Sellers have marketed these products with colorful packaging and candy-like appearances, selling them largely without permits and often within 1,000 to 2,000 feet of schools.
“You talk about jobs being lost. You talk about a big industry, a big industry selling all of this to kids,” said Lieutenant Governor Dan Patrick, displaying various products during the press conference. “This bag sells for $40, big profit items.”
The products range from gummy candies to chocolate bars, with some containing extremely high THC concentrations. One example cited contained 16,000 milligrams of THC, while individual packages can sell for $40 to $90, making them highly profitable for retailers. Patrick noted one particular product: “This little bag of jellies, mango peach, $90 for a bag. Send you sky high.”
Unknown and Dangerous Contents
A critical concern highlighted by lawmakers is the complete lack of transparency in these products’ contents. Labels are frequently misleading or entirely inaccurate—one product labeled as containing 300 milligrams actually contained potentially 1,200 milligrams when properly calculated.
“I’d be happy to share it with you, but I don’t know what’s in it because no one knows what’s in it. It can poison you, not just children, but adults,” emphasized Lieutenant Governor Dan Patrick during a press conference announcing the ban. He challenged attendees directly: “Would you buy anything off the shelf that you didn’t know what was in it that could change your whole mental state for the rest of your life?”
Patrick continued, highlighting the labeling issues: “The milligrams, if you look at this one says 300 milligrams, but if you add up what it really says, it could be 1200 milligrams. Nobody. This is all phony junk.”
Tragic Consequences
The legislation was motivated by documented cases of severe harm, including the death of a 22-year-old who consumed a product called “wedding cake” and subsequently stepped in front of a train. Officials describe testimonies of users experiencing paranoia, schizophrenia, and other serious mental health issues.
“We had horrendous testimony of one 22 year old who bought this. I don’t know what product it was. I think she said wedding cake. He stepped in front of a train and got run over, killed,” Patrick recounted.
Chief Jeff Burt of Tomball Police, representing the Texas Police Chiefs Association, drew parallels to California’s experience with unregulated cannabis products, warning that Texas was heading down a similar path of “unregulated havoc.”
Exploitation of Hemp Legislation
Loopholes in the 2019 hemp legislation, originally intended to develop an agricultural industry for fiber, construction materials, and wood substitutes, created the crisis. Senator Charles Perry, who championed the ban, explained that bad actors exploited these loopholes to create a drug distribution network.
“In essence, the loopholes for Delta 8 and Delta 10 that were created around the natural health hemp of Delta 9, they have come into this state and used our state to be a drug dealer,” Perry stated. “And we will not let the state of Texas be in the drug business of making these products available on the shelves.”
Perry noted that despite warnings as early as 2019 about potential misuse, it took several legislative sessions and documented harm to build sufficient support for the ban. “In 19, we had an opportunity to develop an ag industry that would provide a product that served a real need in the way of fiber, construction, substitute for wood and lumber. And I warned at that point in 19 that if this stuff was to happen, we would get rid of it,” he explained. “It took about four years, unfortunately, and lives lost and lives ruined to get it to the level and awareness that I was able to be able to bring it to that level for the legislature to fully understand.”
Protecting Legitimate Hemp Industry
Lawmakers emphasized that the ban specifically targets intoxicating products while preserving legitimate agricultural hemp operations. Farmers in Texas actually produced only 184 acres of hemp for testing in 2024 out of 1.25 million available acres, indicating minimal impact on legitimate agricultural interests.
“Here’s the facts that nobody wants to talk about,” Perry said, addressing concerns about harming agriculture. “There was 184 acres, I believe, of hemp produced in text tested in Texas in 2024. Over 1.2 125 million acres available. So when we say we killed the hemp industry for the ag business, first of all, we didn’t touch the ag code.”
He continued: “If you’re under compliance with the federal ag law, and you’re doing stuff for fiber and stock and production for those other products that we hope to do, you didn’t get affected by this. But if you’re doing hemp that ultimately ended up as a delta eight or a delta 10 are hot, going forward, you’re out of business. And you should be.”
Law Enforcement Challenges
Police Chief Burt called the situation “the most insidious kind of drug deal” because sellers openly place these products in gas stations alongside legitimate snacks, which makes enforcement extremely difficult. The inability to cost-effectively test these products has created additional challenges for law enforcement.
“This right in front of you is a drug deal. That’s all it is,” Burt said, referring to the products displayed during the press conference. “And it’s the most insidious kind of drug deal because it isn’t somebody that sneaks off when a police officer sees him or her and runs into a runs into an apartment and we go, we go chasing. They’re selling this in gas stations right next to Snickers and Cheetos.”
Chief Burt, drawing from his 24 years of experience including time with LAPD narcotics units, warned about the parallels to California’s experience: “I lived in Los Angeles. I served with the LAPD, worked in several narcotics units, and witnessed the legalization of marijuana, followed by the influx of hemp products, gummies, edibles, and other items, which created unregulated havoc and left the state still grappling with its repercussionAnd in Texas, we are better than that.”
Texas Bans Harmful Products, Highlighting Bipartisan Action
The ban will take effect in September, making all displayed products illegal. Officials closed these dangerous loopholes with relief but also felt saddened that losing and damaging lives prompted them to act.
“We have protected people going forward that will never know what we did for them,” Perry reflected, acknowledging that many Texans will never realize they were protected from products they had “no idea what they were going to be doing” to their health. He added, “I’m sad we’re here for a lot of reasons. But I’m encouraged going forward, that this stuff’s gone.”
The bipartisan support for the legislation—described by Perry as reflecting “a conscience of 181 members”—demonstrates the severity of the crisis and the commitment to protecting public health over industry profits. As Perry concluded: “The vote to ban stuff that arguably nobody can argue against is harmful. It reflects a conscience of 181 members, the majority bipartisan in both chambers, that there is a limit.”
Source: Texas Senate Video: Press Conference: Lt. Governor Dan Patrick