Texas Senate Passes SB 5 Banning THC

This week, the Texas Senate approved Senate Bill 5 (SB 5), a controversial bill that bans THC. The measure, authored by state Senator Charles Perry (R), passed on second reading in a 21‑8 vote, with final passage expected Friday.

Lt. Gov. Dan Patrick (R) called the bill a top priority, citing what he described as a dangerous loophole in Texas agriculture law that has allowed the sale of potent THC products.

“Since 2019, bad actors have taken advantage of a loophole in Texas agriculture law to sell potent, intoxicating forms of THC that have nothing to do with agriculture,” Lt. Governor Patrick said in a statement. “These shops have rapidly spread throughout Texas, endangering the health and safety of children and families across our state, with no accountability.”

The lt. governor explained that many of the products are packaged to appeal to young people.

“These products, often containing dangerous levels of THC, are marketed directly towards young people with colorful packaging and images, making THC look like candy or sweets,” he said.

Under SB 5, the sale of any intoxicating cannabinoid would be prohibited statewide. The bill does not, however, alter Texas’ Compassionate Use Program for medical cannabis, nor does it affect laws related to hemp farming.

The bill also leaves intact the legal sale of CBD and CBG products.

Lt. Governor Patrick further commented that the legislation has widespread backing.

“SB 5 has the support of every law enforcement agency in the state, the Texas Medical Association, the Texas Pediatric Society, and many families impacted by this scourge sweeping our state,” he said. “That is why the Texas Senate passed SB 5 today with Republican and Democrat support.”

The bill has drawn major blowback from both Republicans and Democrats.

If sgned, the bill would mark one of the most significant restrictions on THC products in Texas in recent years.