A tale of two tolerances: Is Texas really banning THC?

Proposed Senate Bill 3, seeks to take a zero tolerance approach to THC presence in hemp-derived products sold over the counter in Texas (the current limit on THC presence is the same as it is here in the UK: 0.3%), as well as any other cannabinoid except from CBD and CBG. 

On Sunday this bill was ‘vetoed’ by Governor Greg Abbott, but, he’s requested a legislative session to discuss the creation of a law that “does as much to corral the problems while also being structured so that it can go into effect this year” (more on this later in the blog!). 

Meanwhile, House Bill 46 proposes major expansions to the current medical cannabis access scheme, broadening the qualifying conditions criteria, expanding the product range available through it, and increasing the THC limit currently imposed upon them. 

Interestingly, these polarising legislations both have the same enactment date, meaning they would come into effect on the same day: September 1st 2025. This would mean changes wouldn’t be gradual, and everything about the cannabis industry in Texas could change dramatically in the space of 24 hours. 

So, does Texas think THC is a hazard to health even in concentrations as small as 0.3%, or, do they feel the cannabinoid can be beneficial for health? 

From these new legislations, it would appear this depends on where it's supplied, who by, and, who produces it. In this blog we’ll explore the bills themselves, their motivations, and their potential causations. 

A breakdown of Texas’ Compassionate Use Program

The Texas Compassionate Use Program - or TCUP - is essentially the way residents in Texas access medical marijuana products. It’s one of the most restrictive medical cannabis programs in the US, and it's estimated around 100,000 patients are registered through the TCUP, out of a population of over 31 million. 

Texas’ Compassionate Use Program was first passed in 2015 for patients with intractable epilepsy, and later expanded in 2019 and 2021, to expand eligibility to patients with other health conditions such as multiple sclerosis, cancer, and post-traumatic stress disorder (PTSD). 

It allows qualified physicians to prescribe “low-THC cannabis products” to patients, but currently, only oils, tinctures, soft gel products and capsules containing less than 1% of THC by weight can be prescribed to eligible Texan residents. 

These products have to be dispensed from integrated dispensaries. There are only three dispensaries licensed by the Department of Public Safety (DPS) to supply these products across the entire state (which is almost three times larger than the UK!).

What would House Bill 46 change for medical cannabis access in Texas?

If enacted in September, House Bill 46 would: 

• Expand the qualifying TCUP conditions to include chronic pain, glaucoma, traumatic brain injuries, inflammatory bowel diseases, terminal illnesses, and give veterans open access to treat any condition they suffer from. 
• Increase the current THC limit on medical marijuana products from 1% by dry weight to 20 mg of THC per dose.
• Alter the currently restrictive product list, to allow for those that require pulmonary administration, such as vaporisers, inhalers, and nebulizers. 
• Increase the number of dispensaries from three to 11, and authorise satellite locations to store and distribute these products to underserved populations. 

A breakdown of Texas’ “THC ban”: Senate Bill 3

Currently, under the 2018 Farm Bill, hemp-derived cannabis products containing less than 0.3% THC are legal at a federal level in the US. However, Senate Bill 3 seeks to significantly tighten the restrictions currently imposed on cannabis-based products purchased over the counter, so that only products containing CBD and CBG would be legally permitted in Texas. 

Senate Bill 3 takes a strict zero tolerance approach to THC, meaning even trace amounts of THC would render a product illegal. The reason behind this? Lawmakers say bad actors have found an inventive loophole in current legislations, and synthetic cannabinoids such as spice and HHC are being sold over the counter disguised as health and wellness products under the CBD banner. Something we, as a regulated and responsible UK medical cannabis clinic, understand is a major issue (and, have previously covered on our blog). 

However, this ban would cover all cannabinoids other than CBD and CBG. This includes compounds such as cannabinol (CBN) and cannabichromene (CBC), as well as delta-9 tetrahydrocannabinol, delta-8 tetrahydrocannabinol and delta-10 tetrahydrocannabinol, which are all naturally found in cannabis plants, and have shown to have therapeutic and/ or medicinal properties. 

As we mentioned earlier, just two days ago this bill was vetoed by Governor Greg Abbott - meaning he voted against it - but, he’s still keen to get a similar law into power, and has called for a special session to discuss the legislation further. 

How will the Texas THC ban actually work?

Senate Bill 3 would prohibit the production, sale, possession, and distribution of any consumable hemp product that contains cannabinoids other than cannabidiol (CBD) and cannabigerol (CBG).

In order to occur, this would require hemp-based businesses to undergo a complete supply chain overhaul, recall and destroy any current products that don’t meet this criteria, and purchase testing equipment so they can produce Certificates of Analysis (COAs) for every single product batch.

If any other cannabinoid is found present within their products, the manufacturer, or retailer, could be found guilty of a third-degree felony (punishable by up to 10 years in prison and a fine of up to $10,000) or a Class A misdemeanour (which comes with a $4,000 fine and up to one year in jail) respectively. It’s likely that the DPS would also revoke or refuse renewal of their licenses and registration, meaning they would likely lose their businesses. 

For consumers, this would mean full spectrum or broad spectrum CBD products that are currently sold over the counter will become a thing of the past in Texas, and in turn, so would the entourage effect as only isolate products would be classed as legal without a prescription.

What impact would these bills have on the current cannabis industry in Texas?

In 2023, it was estimated that the hemp industry in Texas was valued at around $8.5 billion, and thousands of small businesses, farmers, processors, and retailers would be affected by Senate Bill 3. 

There would be dramatic economic fallouts, especially in rural farming communities, causing major unemployment, a big hit in terms of tax revenue, and, a lack of investment opportunities. All for the sake of a few bad actors taking advantage of grey areas in the current legislation. 

Meanwhile, House Bill 46 would create new opportunities, but only in a niche, heavily regulated, and some would argue, ‘close-looped’ circle. 

While this bill seeks to expand the current criteria for those eligible for cannabis-based treatments, and majorly benefit Texan based veterans, it would drive finances away from ‘mom-and-pop’ shops, to major pharmaceutical companies, creating a two tier system of ‘good cannabis-based products’ and ‘bad cannabis-based products’. 

Lastly, will these proposals pass?

House Bill 46: Compassionate Use Program expansion

House Bill 46 was passed by the House of Representatives with only 16 opposing votes (meaning 118 agreed with the proposed changes to the TCUP). 

This has now been enrolled, and was sent to Texan Governor Greg Abbott earlier this month for a final decision. It’s highly likely that this will come into effect on the 1st of September 2025, as Governor Abbott has shown his openness to this expansion. 

Senate Bill 3: A ban on THC in hemp products

Senate Bill 3 was vetoed by Governor Abbott on Sunday, after passing through both the Senate and House protocols.

Over 100,000 people have signed a petition urging the Governor to veto the legislation, and 70% of Texan voters oppose the ban - along with 44% of Republican voters - but Abbott’s second in command, Lieutenant Governor Dan Patrick, was pushing hard for this proposal to come into affect. 

For now, all we know is that a special session to discuss the legislations, its implications, and its potential functionality has been scheduled to start on the 21st of July. 

Releaf’s commitment to educational content

At Releaf, we’re committed to producing high-quality, informative and educational content. Although these Texan legislations will not affect directly medical cannabis patients here in the UK, they could spark trends, and so we feel it's important to be aware of the developments and changes surrounding cannabis laws around the world. 

For further reading on medical cannabis law, politics, and access to these treatments, check out our blog and education section to expand your cannabis knowledge and understanding.