Texas lawmakers prepare for another push to ban THC during legislative session
Texas lawmakers consider hemp regulation at hearing
Major changes to the Texas THC industry could once again be on the table at the next legislative session.
AUSTIN, Texas - Major changes to the Texas THC industry could once again be on the table at the next legislative session.
On Tuesday, the Texas Senate Committee on Health and Human Services gathered for a public hearing to discuss the societal impacts of THC product consumption.
Much of the meeting was spent studying the impact of THC on increased health care costs, mental health emergency detentions, and the risk of being diagnosed with a THC-induced psychotic disorder.
No public comments were allowed, but rather, a panel of law enforcement and medical professionals were invited to provide testimonies, several of which were highly critical of the safety of THC products currently lining Texas shelves.
What they're saying:
"When we’ve actually seized and filed criminal charges and tested products in a certified lab, we’ve found that more times than not, the content of THC is far greater than what’s on the label. The labeling has rarely matched up with the actual concentration of THC in the products we’ve seized," said Steve Dye, the Chief of the Allen Police Department and a member invited to speak at Tuesday’s hearing.
Experts claim that lack of clarity is leading to more medical emergencies across the state.
"Poison center calls for THC increased sharply from 700 in 2018 to more than 2600 calls in 2025," said Dr. Dominic Lucia, a board-certified practitioner in emergency medicine. "Emergency department visits related to THC have also demonstrated an alarming and significant rise over the past several years. At my pediatric hospital, cannabis overdoses have more than quadrupled from 2021 to 2025."
That claim was further backed by Dr. Manda Hall, the Deputy Commissioner of Community Health Improvement at DSHS. She claims that from January 2021 to May 2026, there were over 10,000 THC-related exposure calls to the Texas Poison Center Network. Over half of those calls involved individuals who were 19 years old or younger.
PREVIOUS COVERAGE: Hemp industry navigates back-and-forth over THC
It's been a back-and-forth week in the legal battle over smokeable hemp. The state is currently appealing a court ruling which would keep those products on the shelves. FOX 7 Austin's Marco Bitonel spoke with those representing the hemp industry who believe they've provided more than enough evidence to have the court side in their favor.
"Do not fall into the trap. This is a minor issue," said Senator Charles Perry (R), the Vice-Chair of the Senate Committee on Health and Human Services. "It’s a false narrative, but this industry is known for false narratives. Everything they speak to is pretty much untrue."
At Tuesday’s hearing, Perry announced his intentions to bring forward a new bill focused on banning THC. Back in 2025, Perry authored Senate Bill 3, which would have effectively banned the retail sale of consumable hemp products containing detectable amounts of THC.
That bill would go on to be vetoed by Governor Greg Abbott, who instead advised lawmakers to push for stricter regulations on the hemp industry. That would ultimately lead to new rules enforced by DSHS focused on product potency and operating fees.
Beginning on March 31, laboratory tests began including the total amount of THC in a product. If levels exceed a threshold of 0.3%, even if that only happens when a product is being smoked, the product would then be ruled as incompliant.
As a result, vendors across Texas have been forced to remove smokeable hemp from their shelves. The hemp industry has since responded with its own lawsuit challenging the legality of the state’s new rules, which has since gone back and forth in court.
"They know they are going to get laws passed against them, and then they sue and tie it up for decades, so they can expand their addiction and trap more people in it. That’s their MO," said Senator Perry.
PREVIOUS COVERAGE: Businesses head to court over new hemp laws
Texas hemp businesses are heading to court to fight new state rules that they say could cripple the entire industry.
Hemp industry leaders were quick to respond to comments made at the Committee’s hearing, saying they’re used to having a target on their back.
"It was sort of the usual Senate, what we’re accustomed to, with them really knocking on hemp, saying all these products need to be banned and how it's harming Texans. Which is really unfortunate because we all know the number of veterans and people these products help," said Lucas Gilkey in an X video posted to Hometown Hero, an Austin-based hemp company.
The Texas Hemp Business Council also released its own statement, saying in part:
"Policymakers should evaluate hemp-derived products through the same evidence-based framework applied to other public health issues. These products are already subject to testing, labeling, licensing, inspections and enforcement requirements. The available evidence does not support sweeping restrictions or prohibition.
History has shown that prohibition does not eliminate consumer demand, it drives consumers into unregulated markets with fewer safeguards and greater risks. THBC urges lawmakers to pursue balanced policies that protect consumers, maintain a regulated marketplace and focus state resources on the public health challenges that have the greatest impact on Texans."
No decisions were made at Tuesday’s Senate Committee hearing, but any changes proposed to the THC industry will be introduced at the 2027 legislative session beginning in January.
The Source: Information from interviews conducted by FOX 7 Austin's Marco Bitonel