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SB 5 vs SB 3: An Attempt To Ban Texas Hemp (Again)

Texas Special Session SB 5 vs SB 3 An Attempt To Ban Texs Hemp (Again) RESTART CBD AUSTIN, TEXAS

Overview: What’s SB 5?

During the July 2025 Texas special session, state lawmakers, specifically Charles Perry (who also introduced SB 3) introduced SB 5 to clamp down on hemp-derived intoxicating products. This bill aims to ban cannabinoids like Delta‑8, THCA, CBN, and CBC—while still allowing just pure CBD and CBG under extremely strict conditions.

Key provisions include:

  • Criminal penalties for possession, sale, or manufacture of banned cannabinoids (with exemptions for first-time offenses).

  • Allowing for the sale of hemp seeds and protein, as long as it’s used as a dietary supplement. These products are already sold in grocery stores and are considered safe under federal guidelines.

The bill is framed as a way to protect minors and ensure public health while tightening enforcement on intoxicating hemp products. But, at what cost, and is it actually going to protect minors?

SB 5 vs SB 3: Side‑by‑Side Comparison

FeatureSB 3 (Regular Session)SB 5 (Special Session)
Legal StatusPassed but vetoed by Gov. Abbott in June 2025Introduced July 2025 and already advanced out of Senate committee
Scope of ProhibitionBroad ban on all cannabinoids except CBD/CBG, regardless of intoxicating effectFocused ban on only intoxicating cannabinoids; retains CBD/CBG legality
Governor’s PositionOpposed SB 3 due to legal flaws and potential for misuseHas not publicly stated his opinions on SB 5 (as of July 23, 2025)
Regulatory FrameworkIncluded testing, licensing, registration, penalties, and product labelingAn outright ban for everything except pure CBD/CBG. Includes extremely high licensing fees, and is an attempt to ban hemp in Texas for consumption.
Industry ImpactWidely opposed by the hemp industry due to economic risk and broad bansWidely opposed by the hemp industry due to economic risk and broad bans. Same if not worse economic impacts on the Hemp Industry in Texas.

Key Differences Explained

1. Narrower Language

SB 5 is more targeted than SB 3. SB 5 is in some ways stricter, because while it intends to allow CBD/CBG non-intoxicants, its “detectable cannabinoid” clause effectively bans many popular products, even Full-Spectrum, CBN, CBC, THCV, and more.

2. Governor’s Support

Gov. Abbott vetoed SB 3, citing legal ambiguity. He has not publicly stated his stance on SB 5. Special Session kicked off on Monday, July 21st and there are now less than 30 days for another bill to be introduced by the House that could be used as regulatory framework that the Governor and people of Texas would be more in favor of.

3. Penalty Structure

SB 3 took a blanket approach with few exceptions. SB 5 offers more nuance, such as exempting first-time offenders and focusing enforcement on knowingly illegal production or sales. SB 5 does include stricter penalties like if you manufacture or offer local delivery of banned products, it is a third-degree felony, with misdemeanors for possession or delivery.

4. Business Implications

Both bills worry industry advocates and are seen as devastating due to its broad scope and extreme limitations.

Arguments made by those in support of SB 5

  • BANNING IS THE ONLY ANSWER
  • KIDS ARE GETTING AHOLD OF THESE PRODUCTS
  • THC CAUSES PSYCHOSIS
  • THC GIVES YOU DIMENTIA
  • HEMP COSTS TAXPAYER MONEY TO ENFORCE IT
  • HEMP IS MARIJUANA
  • TESTING WILL COST TOO MUCH MONEY & WILL TAKE AWAY TESTING FOR R*PE KITS
  • TCUP IS THE BEST PROGRAM IN THE COUNTRY
  • ALL HEMP BUSINESS OWNERS ARE CRIMINALS
  • WE’RE “LEAVING CBD AND CBG ALONE”
  • REGULATION ISN’T CURRENTLY BEING ENFORCED, SO A BAN IS THE ONLY WAY
  • ALCOHOL ISN’T EVEN PROPERLY REGULATED, SO HOW DO WE EXPECT TO REGULATE HEMP?

Arguments made by those in opposition of SB 5

  • PROHIBITION HAS NEVER WORKED
  • HEMP IS NOT MARIJUANA
  • REGULATION IS POSSIBLE, BUT WE NEED PROPER BILLS AND PROPER ENFORCEMENT
  • BAD ACTORS NEED TO BE STOPPED, REGULATION AND ENFORCEMENT CAN DO THAT
  • HEMP IS A BOOMING BUSINESS IN TEXAS (EMPLOYING OVER 50,000 PEOPLE)
  • HEMP IS MORE ACCESSIBLE AND MORE AFFORDABLE THAN TCUP
  • WE ARE NOT SELLING TO MINORS
  • KIDS AND ADULTS ARE GOING TO GET THC PRODUCTS WHETHER IT’S LEGAL OR ILLEGAL
  • OVER 70% OF TEXANS ARE IN FAVOR OF HEMP
  • OUR OWN GOVERNOR IS IN FAVOR OF REGULATION
  • WHERE HAS THE MONEY DSHS HAS BEEN COLLECTING GOING?

 

What Can You Do?

CALL / EMAIL YOUR REPRESENTATIVE!

GO HERE TO FIND OUT WHO REPRESENTS YOU: https://wrm.capitol.texas.gov/home

HERE IS AN EXAMPLE TEMPLATE:

“ MY NAME IS ____ AND I AM IN OPPOSITION TO SB 5, A BILL THAT WOULD BAN HEMP IN THE STATE OF TEXAS. TCUP IS NOT THE ANSWER, PROHIBITION IS NOT THE ANSWER, AND BANNING HEMP WOULD ONLY PUSH TEXANS TO BUY FROM OTHER STATES OR TO THE ILLICIT MARKET. I AND OVER 70% OF MY FELLOW TEXANS ARE IN FAVOR OF REGULATION. BY VOTING YES TO SB 5, YOU ARE VOTING AGAINST TEXANS AND OUR RIGHT TO CHOOSE.”

Thank you for your support! We hope you found this blog post on SB 3 vs SB 5 helpful as we navigate the Texas Special Session. For more updates, follow us on Instagram @restartcbd and @texashempcoalition!

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