Why the Texas Hemp THC Ban May Be Off Limits, for Now

Texas lawmakers are back in Austin as of July 21, tackling a slate of issues laid out by Gov. Greg Abbott. But a full Texas hemp THC ban may be legally out of bounds. That’s because Article 3, Section 40 of the Texas Constitution limits special session topics to only what the governor specifies.

Abbott’s proclamation calls for regulation of hemp-derived THC products, especially those sold to individuals under 21, not prohibition. That distinction could make any attempt to revive a full ban unconstitutional, even if it gains enough legislative support.

Legal experts warn that passing a hemp THC ban during this session could lead to immediate legal challenges and a likely veto. “It’s not about whether lawmakers want to ban it. It’s about whether they’re even allowed to consider it right now,” said a Texas legislative analyst familiar with special session rules.

Key Takeaways

• Gov. Greg Abbott’s July 2025 special session focuses on regulation, not a hemp THC ban.
• The state constitution limits special session bills to subjects listed by the governor.
• Lt. Gov. Dan Patrick is still pushing for prohibition despite Abbott’s narrower directive.
• A previous attempt to pass a full hemp ban, S.B. 3, was vetoed by Abbott in June.
• Any ban passed this session could face constitutional challenges or a second veto.

Patrick Keeps Pushing for a Full Ban

Lt. Gov. Dan Patrick hasn’t given up on prohibition. He took to social media again before the session, urging lawmakers to pass the same ban outlined in S.B. 3, which would outlaw all intoxicating hemp cannabinoids except CBD and CBG.

Patrick wrote, “It won’t be long before 8,000 smoke and vape shops will be out of business in Texas,” referencing the effects of a successful Texas hemp THC ban. He’s also tied regulation efforts to recreational cannabis, calling them a “backdoor” to legalization.

In a July 21 post, Patrick cited an op-ed from Sen. Mitch McConnell, who criticized the unintended consequences of the 2018 Farm Bill, which legalized hemp but failed to prevent the rise of intoxicating hemp products. Patrick argues that law enforcement supports prohibition and that regulation only adds confusion.

Still, unless Abbott expands the session to include a Texas hemp THC ban explicitly, Patrick’s preferred path may be out of reach.

Abbott’s Veto: A Matter of Timing and Economy

Abbott vetoed S.B. 3 in June, not because he supports intoxicating cannabinoids, but because he said the bill would take too long to implement and risked hurting law-abiding businesses. He pointed to other states like Arkansas, where hemp bans have been stalled for years in the courts.

“There are … many Texans conducting business responsibly,” Abbott wrote, “who invested millions of dollars planting fields or opening up retail stores in reliance on laws making hemp a lawful product.” A sudden reversal, he warned, could devastate an industry that supports nearly 50,000 jobs and generates over $10 billion in economic activity.

Abbott’s current strategy is to enact immediate, enforceable regulation, like age restrictions, potency limits, and bans on synthetically modified compounds, without triggering a legal quagmire.

Political Blame and Fallout

The Texas hemp THC ban debate has triggered sharp political accusations. On July 18, Rep. James Talarico, a Democrat from Round Rock, accused Lt. Gov. Patrick of manipulating the legislative process for political gain.

In an interview on The Joe Rogan Experience, Talarico claimed Patrick blocked a bipartisan House bill meant to improve disaster response during floods and wildfires, just to gain leverage for the hemp ban.

“He did the bidding of one industry over the other … just to cater to wealthy special interests,” Talarico said, pointing to recent floods that had left many Texans without aid.

Meanwhile, business owners across the state are stuck in a holding pattern. One Dallas smoke shop owner, who requested anonymity, said, “We follow the rules. But now it feels like we’re just waiting for a tweet or a press release to find out if we’re illegal next month.”

What Happens If Lawmakers Pass a Ban Anyway?

If legislators pass a hemp THC ban during this special session, it could be vulnerable from two directions. First, it might be thrown out in court as unconstitutional under Article 3, Section 40. Second, even if it passes both chambers, Abbott could simply veto it again.

Some lawmakers have hinted at trying to include a ban within broader regulatory language, but legal analysts say that tactic could backfire. “Courts tend to look at legislative intent,” one Austin attorney said. “If it walks and talks like a ban, it may not survive a challenge.”

For now, unless Abbott updates the session agenda to include prohibition, lawmakers may be stuck with regulation, and only regulation.

Conclusion

The push for a Texas hemp THC ban continues to divide state leaders, but the state constitution may have the final say. While Lt. Gov. Patrick remains determined to outlaw intoxicating hemp products, Gov. Abbott’s July special session is narrowly focused on regulation. Unless that scope changes, any attempt at a full ban risks being struck down or vetoed. With the clock ticking on the 30-day session, Texas hemp businesses are bracing for whatever comes next, lawful reform or legal uncertainty.