New THC Laws in Texas: The Ban That Creates THC in Testing
Texas is poised to enact one of the strictest crackdowns on hemp-derived THC products in the country. Senate Bill 3 (SB 3), which has already cleared both chambers of the Texas Legislature, is awaiting Governor Greg Abbott’s signature. At this stage, passage is all but certain, and unless vetoed, the law will take effect on September 1, 2025.
This new law will make it a crime to possess, sell, or manufacture any consumable hemp product containing cannabinoids other than CBD (cannabidiol) or CBG (cannabigerol). That includes previously legal and widely available substances such as delta-8 THC, delta-10 THC, THCA, THC-V, CBN, and more.
Where We Are Before the New Legislation Goes into Effect
Currently, Texas permits hemp-derived products that contain less than 0.3% delta-9 THC. This legal loophole has allowed alternatives like delta-8 and delta-10—compounds with similar psychoactive effects—to thrive. These products have been sold legally in smoke shops and wellness stores across the state due to their derivation from federally legal hemp.
Delta-8, for example, is often called “marijuana lite” because it offers a milder high than delta-9. Until now, there were no state laws explicitly banning these cannabinoids. Retailers operated under the assumption that if their products met the delta-9 THC threshold, they were compliant.
A Dramatic Legal Shift
The proposed statute states:
“A consumable hemp product that contains any amount of a cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG) may not be sold at retail or otherwise introduced into commerce in this state.”
This is a complete departure from current law. No longer will the state use the 0.3% delta-9 THC rule. Instead, any trace amount of any other cannabinoid—including naturally occurring, non-psychoactive ones like THCA—will be enough to render a product illegal.
Non-Intoxicating THCA Become Illegal Intoxicating THC During Testing
Senate Bill 3 mandates that state labs test hemp products using a method called post-decarboxylation, high-performance liquid chromatography (HPLC). This method converts THCA—a non-intoxicating compound—into THC, even though that conversion doesn’t occur unless the product is heated.
Offenses and Penalties Under the New THC Law
SB 3 introduces a range of new criminal offenses related to consumable hemp products. Here’s a breakdown:
| Offense | Code Section | Offense Level | Punishment Range |
|---|---|---|---|
| Manufacture, Delivery, or Possession with Intent to Deliver illegal cannabinoid products | Health & Safety Code § 443.251 | Third-Degree Felony | 2–10 years in prison and up to $10,000 fine |
| Possession of cannabinoid products other than CBD/CBG | Health & Safety Code § 443.252 | Class A Misdemeanor | Up to 1 year in jail and $4,000 fine |
| Sale or distribution to persons under 21 | Health & Safety Code § 443.253 | Class A Misdemeanor | Up to 1 year in jail and $4,000 fine |
| Sale of consumable hemp products for smoking | Health & Safety Code § 443.254 | Class B Misdemeanor | Up to 180 days in jail and $2,000 fine |
| Sale or delivery within 1,000 feet of a school | Health & Safety Code § 443.255 | Class B Misdemeanor | Up to 180 days in jail and $2,000 fine |
| Delivery by courier, mail, or delivery service | Health & Safety Code § 443.256 | Class A Misdemeanor | Up to 1 year in jail and $4,000 fine |
| False laboratory report | Health & Safety Code § 443.257 | Third-Degree Felony | 2–10 years in prison and up to $10,000 fine |
| Manufacturing or selling without a license or registration | Health & Safety Code § 443.258 | Third-Degree Felony | 2–10 years in prison and up to $10,000 fine |
What Happens Next?
SB 3 is expected to become law in September 2025. Retailers must register products by January 1, 2026. Consumers should assume that possession of delta-8, THCA, or any non-CBD/CBG cannabinoid after September 1 could result in arrest and prosecution.
Final Thoughts
Senate Bill 3 represents a sweeping change to cannabis policy in Texas. Not only does it eliminate almost all intoxicating hemp products, it redefines how products are tested and opens the door to charges based on lab interpretations rather than user intent.
If you sell, use, or possess hemp products in Texas, now is the time to get informed and prepare. When science, regulation, and enforcement collide, the average consumer is often caught in the crossfire.
Need Help? Contact Varghese Summersett
If you’ve been arrested or cited for delta-8, THC, or marijuana-related charges, call us at 817-203-2220 or visit www.versustexas.com to schedule a consultation with one of our experienced criminal defense attorneys.
