Gov. Greg Abbott vetoes THC ban bill, calls special session. Is marijuana legal in Texas?

Gov. Greg Abbott has vetoed Senate Bill 3, which sought to ban the sale of all THC-related products in Texas, including Delta-8 and Delta-9. He has called for a special legislative session to begin on July 21, revisiting the issue.

The move has drawn attention from Texans across the cannabis spectrum — supporters, opponents, and those advocating for stricter oversight of the industry alike — as they await the Legislature’s next steps.

Had it been signed into law, SB 3 would have outlawed most intoxicating hemp-derived cannabinoids in gummy, candy, drink, vape, or flower form, while maintaining the legality of CBD, a non-intoxicating compound, under tighter regulations.

Abbott’s veto halts the bill’s progress for now. The special session is expected to renew debate over how Texas should regulate THC products.

Here is what to understand about THC vs CBD and hemp laws in Texas.

Is marijuana legalized in Texas?

In Texas and federal law, recreational use of marijuana is still illegal. The consequences of possessing marijuana may vary depending on how much a person owns. 

The Texas Health and Safety Code states that possession of two ounces or less is considered a Class B misdemeanor.

What is SB3?

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:

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

The punishments under SB 3 were:

• A third-degree felony to manufacture or sell hemp products with cannabinoids other than CBD or CBG.
• A Class A misdemeanor to possess hemp products with cannabinoids other than CBD or CBG.
• A Class A misdemeanor to ship or mail a consumable hemp product with any amount of any cannabinoid.

What does veto mean?

A veto is the power of a government official, typically a president or governor, to reject a bill or proposal passed by the legislature, preventing it from becoming law.

Gov. Greg Abbott vetoed Senate Bill 3, meaning he chose not to approve it. As a result, it will not take effect unless lawmakers reintroduce and pass it again, possibly during the upcoming special session.

What’s the difference between THC and CBD? 

Cannabidiol (CBD) is a substance derived from the cannabis plant that does not have the psychoactive properties that THC does. In other words, THC is what someone consumes to get “high” or intoxicated, while CBD does not possess the same chemicals. 

What is hemp?

The Texas Agriculture Code defines “hemp” as “the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of less than 0.3% on a dry weight basis.”What’s the difference between Delta-8 and Delta-9?

Delta-9 is a type of cannabis. It gets its name from the fact that it has 9 THC molecules. Delta-8 THC and Delta-9 THC come from the cannabis sativa plant. Unlike CBD, Delta-9 THC is psychoactive, which means it can make you feel high or intoxicated.

Delta-8 carries a low amount of hemp (0.3%) and, therefore, is permitted under Chapter 443 of the Texas Health and Safety Code. According to the FDA, Delta-8 has psychoactive and intoxicating effects; however, it is generally less potent than Delta-9. Delta-8 was considered a Schedule I controlled substance, but a temporary injunction filed in Travis County has removed that status.