Is THC Legal in Texas? 2025 Guide to Hemp, CBD, and Marijuana Laws Amid Special Session

Texas lawmakers are revisiting a bill that aims to regulate hemp-derived consumable products, including THC, after Gov. Greg Abbott vetoed its first attempt.

The Texas special session began Monday, following the veto of Senate Bill 3, which would have banned the sale of hemp products containing any level of THC — effectively shutting down a rapidly growing industry that would impact the livelihood of thousands of retailers and farmers across the state.

Texas Lieutenant Governor Dan Patrick, one of the most vocal proponents of SB 3, has argued that SB 3 is "a life-and-death issue." Shortly after Gov. Abbott vetoed the bill, Patrick criticized his decision.

"Even if his proposed bill passed as he suggests, it would take a lot of time for them to get up to speed, to have manufacturing testing, to test it at all levels," Patrick said. "During that time, they would still be operating as they are."

Will SB 3 pass during the special session? Here's a refresher on the bill.

How long does the Texas special session last?

The Texas special session lasts up to 30 days, and lawmakers may only legislate on matters included in the governor’s agenda. In the spring regular session, lawmakers passed SB 3, which would have banned consumable hemp items including vapes, gummies and beverages with intoxicating effects. If Abbott had signed the bill into law, the ban would have taken effect in September.

What is SB 3?

SB 3, known as the "THC ban," would have prohibited most intoxicating hemp-derived cannabinoids in edible, vape and flower form, while keeping CBD legal under stricter rules.

Here is what the bill proposed:

• Sales and marketing banned to individuals under 21.
• No cannabinoid-containing products could be sold within 1,000 feet of a school.
• Products must have tamper-evident, child-resistant, resealable packaging.

Penalties under SB 3 were:

• Third-degree felony for manufacturing or selling hemp products with cannabinoids other than CBD or CBG.
• Class A misdemeanor for possessing such products.
• Class A misdemeanor for shipping or mailing any consumable hemp product with any cannabinoid.

What does 'veto' mean?

A governor’s veto is the power to reject a bill passed by the legislature, preventing it from becoming law. Gov. Abbott’s veto of SB 3 means the bill will not take effect unless it is reintroduced and passed again — possibly during this special session.

Is recreational marijuana legal in Texas?

No. Under state and federal law, recreational marijuana remains illegal. Possession penalties vary by amount. Under the Texas Health and Safety Code, possession of two ounces or less is a Class B misdemeanor.

What’s the difference between THC and CBD?

Cannabidiol (CBD) is a non-psychoactive compound derived from cannabis. Tetrahydrocannabinol (THC) is the compound that causes intoxication or a "high." CBD lacks these psychoactive effects.

What is hemp?

The Texas Agriculture Code defines "hemp" as "the plant Cannabis sativa L." containing a delta-9 THC concentration of less than 0.3% on a dry-weight basis.

Is medical marijuana legal in Texas?

Yes — but only in limited form. The Compassionate-Use Program, created in 2015, allows low-THC cannabis for patients with intractable epilepsy. It was expanded in 2021 and again in 2025 to include chronic pain, hospice care and terminal illness, among other conditions.

Qualifying conditions under the current law include:

• epilepsy and seizure disorders
• multiple sclerosis and spasticity
• amyotrophic lateral sclerosis
• autism
• cancer
• post-traumatic stress disorder
• an incurable neurodegenerative disease
• chronic pain, Crohn’s disease, degenerative disc disease and traumatic brain injury (added in 2025)