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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?
Feature | SB 3 (Regular Session) | SB 5 (Special Session) |
---|---|---|
Legal Status | Passed but vetoed by Gov. Abbott in June 2025 | Introduced July 2025 and already advanced out of Senate committee |
Scope of Prohibition | Broad ban on all cannabinoids except CBD/CBG, regardless of intoxicating effect | Focused ban on only intoxicating cannabinoids; retains CBD/CBG legality |
Governor’s Position | Opposed SB 3 due to legal flaws and potential for misuse | Has not publicly stated his opinions on SB 5 (as of July 23, 2025) |
Regulatory Framework | Included testing, licensing, registration, penalties, and product labeling | An 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 Impact | Widely opposed by the hemp industry due to economic risk and broad bans | Widely opposed by the hemp industry due to economic risk and broad bans. Same if not worse economic impacts on the Hemp Industry in Texas. |
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.
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.
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.
Both bills worry industry advocates and are seen as devastating due to its broad scope and extreme limitations.
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!