Filed Under: Cannabis Chaos, Texas Edition
When Texas Governor Greg Abbott vetoed Senate Bill 3, it caught nearly everyone off guard. The bill, which would have outlawed hemp-derived cannabinoids like Delta-8 and Delta-9, passed both chambers with momentum driven by Lieutenant Governor Dan Patrick and a coalition of prohibitionist lawmakers. But it died at Abbott’s desk, where he cited concerns over “economic consequences” and “lack of clarity” in enforcement.
The veto marked a rare rebuke to Patrick, who has spent years crusading against intoxicating hemp. He called these products “loophole drugs,” blaming them for corrupting Texas youth and undermining law enforcement. Yet Abbott sided with small business advocates, farmers, and hemp retailers who warned that the bill would destroy a legal industry that operates under the federal definition of hemp set by the 2018 Farm Bill.
This move follows Abbott’s recent signature on House Bill 46, which slightly expanded Texas’s restrictive Compassionate Use Program for medical cannabis. Together, these decisions suggest a shift, or at least a strategic pause, in Texas’s long war on weed. But it’s far from a victory lap. The political fight over hemp-derived THC is just getting started.
SB 3 sought to ban any product containing “intoxicating cannabinoids” not naturally occurring in hemp. This would have included most Delta-8 and Delta-9 products and a range of hemp-derived edibles, tinctures, and vapes. Retailers warned it would have wiped out millions in revenue, leading to job losses and shuttered shops across the state.
Dan Patrick framed the bill as a moral necessity. In floor speeches and media appearances, he claimed hemp THC was slipping through regulatory cracks, harming teens, and creating enforcement chaos. He vowed to return with a stronger version next session.
Abbott’s veto message was terse but telling. He expressed concern that the bill’s language was too vague and that enforcement would fall unevenly on small businesses. Sources close to the governor told The Texas Tribune that economic pressure played a role, as did fear of legal challenges and federal preemption.
The Texas Hemp Coalition, Farm & Ranch Freedom Alliance, and other agricultural groups had lobbied hard against the bill, emphasizing the state’s own investment in a regulated hemp program. They argued that banning cannabinoids legal under federal law would make Texas a national outlier.
Patrick did not take the loss quietly. In a statement released the day after the veto, he accused Abbott of “choosing profit over protection” and vowed to bring a new ban bill in 2026. The fallout has exposed deep fault lines within the Texas GOP, where hardline culture warriors are clashing with pro-business conservatives.
While Patrick continues to paint the hemp market as dangerous and unregulated, advocates say his crusade ignores real data. According to a 2024 report by Leafreport, third-party lab testing has become standard in the hemp industry. Retailers operating legally are already subject to product safety standards, age restrictions, and compliance checks.
For now, Delta-8 and Delta-9 from hemp remain legal in Texas. But the veto does not provide immunity. Local jurisdictions can still impose restrictions. Raids and seizures could continue under existing public safety ordinances. The patchwork remains confusing, and enforcement is inconsistent.
Retailers from Austin to El Paso say they are keeping their shelves stocked, but some are already investing in legal defense funds. Advocacy groups warn that Patrick’s promised comeback could be even more aggressive, targeting not just hemp but any low-level cannabis reform.
The veto has put Texas in the national spotlight. With 40 states already allowing full medical cannabis and 24 permitting recreational use, Texas remains a battleground. Abbott’s move signals that even red-state governors may not fully support anti-hemp crusades, especially when the economics don’t line up.
The real test will come next session. Will the industry be ready to fight again? Will voters remember who tried to ban their vape carts and gummies? For now, hemp products live to see another day, but the war is far from over.
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