When Will Cannabis Be Legal In Texas? - CannaCon

Is Weed Legal in Texas?

“We’re going to protect the people of Texas from THC,” Republican Lt. Gov. Dan Patrick said to media outlets recently while lauding Senate Bill 3 — a total ban on hemp-derived THC products — as one of the “top five” bills of his 17-year legislative career.

Senate Bill 3: Total THC Ban or Regulatory Framework?

Patrick has been the state’s lieutenant governor, the second most powerful post in Texas government, since Jan. 20, 2015. SB3 passed the Senate in March of this year, but in early May, Texas House lawmakers voted to amend the Senate-approved ban on all state THC sales including delta-8 and delta-9 THC. The aim of this amendment is to create a regulatory framework for hemp edibles, beverages and low-dose flower products, as well as to limit hemp product sales to adults aged 21 and older.

Additional aspects of the amendment include child-resistant packaging, product testing requirements, a licensing fee structure and tasking the Texas Alcoholic Beverage Commission to oversee hemp product regulations into Texas cannabis laws. Retail locations would be required to be at least 1,000 feet from any school, church, playground, daycare or homeless shelter, and counties would be allowed to “opt out” of the hemp product rules with a local vote. THC vaporizer products would remain banned.SB3 is now HB28, and is in the House Calendars Committee, which decides whether to schedule it for a floor vote any day now.

One vocal supporter of the THC ban is Nick Fallon. Speaking on behalf of Goodblend, an Austin-based company that dispenses medical marijuana as one of three licensed cannabis providers to Texas, Fallon objected that hemp products are a threat to Goodblend’s market share.

“We cannot compete with a consumable hemp market that is untested, unregulated and sold to the public without restrictions,” he said.

Opposing Views on the THC Crackdown

Fighting for regulation as opposed to a ban is the director of the Texas Cannabis Collective, Austin Zamhariri. According to the website, the Texas Cannabis Collective intends to move the Texas legalization cannabis laws forward in Texas, which includes seeing regulation brought to a market and industry currently lacking it. Zamhariri said, however, the regulation presented in SB 3 is too strict.

“It effectively shuts down, I would say, 90 to 95% of the hemp space. It’s really convoluted and confusing, and the Legislature is really twisting itself into a pretzel,” said Zamhariri.

The regular session for the 89th Texas Legislature is scheduled to wrap June 2. However, Texas Lt. Gov. Dan Patrick has stressed his willingness to call a special session to ban all forms of THC not covered by Texas cannabis legalization within the state’s medical program.

Proposed Bill Could Ban Local Cannabis Decriminalization

Further Texas cannabis changes are brewing as a House committee approved a Senate-passed bill, which would prohibit cities from putting any citizen initiative on local ballots decriminalizing marijuana or other controlled substances.

Under the proposal, state law would be amended to say 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. Localities would also be barred from putting initiatives on the ballot that would disregard the state’s consumable hemp laws.

Expanding the Texas Medical Cannabis Program

Looking for a hopeful response to “is weed legal in Texas?” The Texas House of Representatives has passed bills to significantly expand Texas cannabis laws within the medical program. Sponsor Rep. Ken King (R) of HB 46 said on the floor that the bill would build on the Texas Compassionate Use Program, known as TCUP, to ease access to more patients across the state.

“House Bill 46 expands the TCUP program by adding more licenses, up to 15. It shortens the timeframe for the licenses to be approved. It adds qualifying conditions like palliative care and hospice for terminal patients,” he said. “TCUP is certainly a veteran priority, and they’re taken care of in this bill.”

The limited list of qualifying conditions would be extended to include:

• chronic pain
• Glaucoma
• traumatic brain injury (TBI)
• spinal neuropathy
• Crohn’s disease or other inflammatory bowel disease
• degenerative disc disease
• any terminal illness for patients receiving hospice or palliative care

Patients would be allowed access to patches, lotions, suppositories, approved inhalers, nebulizers and vaping devices. Military veterans would be able to become registered Texas cannabis patients for any medical condition, and the Texas Department of State Health Services would also be authorized to further expand the list.

The bill would additionally mandate the Department of Public Safety issue 11 dispensary licenses within the 11 designated public health regions across the state, and permit dispensaries to open satellite locations.

Join CannaCon to Stay Ahead of Legalization Trends

Texas cannabis legalization, as well as other states’ changes in the law, are a great reason to attend CannaCon! This leading business-to-business cannabis conference in the nation features all things related to cannabis and CBD. Participate in this year’s trade shows in New York, Michigan, Minnesota and Washington state!

This article was originally published Aug. 10, 2021. It was updated Aug. 22, 2023, October 31, 2024, and May 19, 2025

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