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Tracking SB5/HB5: The New Texas Bill That Could Kill Hemp

Table of Contents

Key Takeaways
  • Governor Greg Abbott vetoed Senate Bill 3 (SB3) which would have banned hemp-derived THC and harmed the Texas hemp industry, but a new bill, SB5, has been introduced with similar intentions to restrict hemp-derived THC products.
  • SB5 seeks to criminalize the manufacture, delivery, and possession of hemp-derived THC products, imposing felony and misdemeanor penalties, though Governor Abbott advocates regulating rather than banning hemp products, including age restrictions and child safety measures.
  • The Texas legislature is actively debating SB5 during Special Sessions, with public hearings, political maneuvers like House Democrats leaving to prevent quorum, and strong opposition from hemp industry leaders and organizations fighting to protect the $10 billion hemp industry and 53,000 jobs.
On July 22, Texans rejoiced as Governor Greg Abbott vetoed Senate Bill 3 (SB3), a bill that would outlaw hemp-derived THC and kill an entire industry. Now, during the Special Session, which started on July 21, 2025, a new hemp-killing bill has come into play—SB5.

Get involved in the fight and read below for the latest news on this new bill that endangers hemp-derived THC in the Lone Star State.

SB5 Timeline

Stay up-to-date as we post the latest news, developments, and updates on SB5. 

August 15, 2025

The Second Special Session Has Started

Today, the Second Special Session began, which was a lot sooner than we had originally thought. Gov. Abbott released his proclamation for what needs to be addressed in this new Special Session. For hemp, he listed:
  • "Legislation making it a crime to provide hemp-derived products to children under 21"
  • Legislation to comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning lawful hemp-derived products."
We'll see immediately if Democrats return for the Second Special Session, and we're expecting to go into Senate hearings pretty quickly. 

August 14, 2025

“This was the best committee hearing we’ve had in six years” - Lukas Gilkey

Yesterday, 8/13/2025, Hometown Hero CEO and cofounder Lukas Gilkey, along with other leaders and supporters of the Texas hemp industry, spoke against HB5 in the most recent House Committee hearing. The engaging questions and discussions from Rep. Cunningham and Rep. Pearson have boosted optimism in the industry. 


As for now, we're bracing for another Special Session to start, where the fight will continue for the future of hemp in the Lone Star State. 

August 12, 2025

Committee Hearing Scheduled for August 13, 2025

A committee hearing for HB5 will take place at the Texas Capitol on Wednesday, 8/13/25. If you are interested in attending, please take the following into consideration: 
  • Bring as many people as possible
  • Show up at 8:00am 
  • Register for the committee hearing
  • Dress to represent (at least business casual)
How to submit testimony electronically (if you can’t make it):

August 5, 2025


The Special Session Might Be Over, But There Will Be Another One

As you may have heard, several House Democrats have left the state of Texas. In Texas, if enough representatives do not show up, a quorum cannot be formed, and the legislature cannot pass new laws. This recent act also nullifies anything the Senate has passed because both the House and Senate need to agree on a bill to reach the Governor’s office. 

It is likely that another Special Session will occur after September 3, 2025, but we'll keep you updated on any further developments. 

July 30, 2025

SB5 Passes in the Texas Senate

In a 20-9 vote, the latest attempt to ban hemp-derived THC in Texas passed in the Senate. Next, it will head to the House, where the next steps include:
  • Being assigned to a committee for review
  • A House Committee Hearing where the public can testify, while the Committee can amend or block
  • A full House vote where a simple majority is needed to pass
  • A Conference Committee (if amended) where the House and Senate can reconcile differences
  • Governor Abbott's desk, where he can sign, veto, or let the bill become a law without his signature
  • The bill will die if the House doesn't pass SB5 before the Special Session ends. 

July 29, 2025

Texas Hemp Business Council Urges Lawmakers to Act Against SB5

In a press release from the Texas Hemp Business Council (THBC), the organization stated:
  • Lt. Governor Dan Patrick, Senator Charles Perry, and Roland Gutierrez are looking to gift-wrap the entire cannabis market to a few select state-licensed marijuana companies
  • Their claims that the restrictive Texas Compassionate Use Program (TCUP) is misleading and dangerous
  • While HB46 was an attempt to improve TCUP, it did little to expand access to the restrictive and expensive program
  • Hemp is legal and regulated under federal and state laws, providing accessible alternatives for relief
  • SB5 would destroy a $10 billion industry that supports over 53,000 jobs
  • Gov. Abbott's message was clear: regulate, don’t ban it 
  • THBC supports a 21+ age limit, child-resistant packaging, and setbacks from schools

July 28, 2025

Senate Debate on SB5 Put on Hold for Wednesday, 7/30

Initially, the Senate debate for SB5 was supposed to take place on Monday, 7/28. However, the body convened and adjourned without taking action on any bills. The next meeting is expected to occur on Wednesday, 7/30.

July 25, 2025

15 House Democrats Leave Texas to Deny Quorum

The House requires a certain number of votes to pass bills. Several House Democrats have fled the state for a redistricting vote, which may delay SB5's passage through the Texas House.

July 22, 2025

Unanimous Committee Vote

The Senate State Affairs Committee advances SB5 with a 10-0 vote following a fast-tracked hearing.

July 21, 2025

SB5 Introduced: Another Attempt to Ban Hemp THC

State Senator Charles Perry (the same author of SB3) filed Senate Bill 5 (SB5) on the first day of the Special Session. Like SB3, SB5 would essentially kill the hemp industry in Texas through:
  • Making the manufacturing, delivering, or possessing with the intent to provide consumable hemp products a third-degree felony
  • Banning any hemp product containing any detectable amount of any cannabinoid other than cannabidiol (CBD) and cannabigerol (CBG)
  • Making it a misdemeanor (180 days in jail, and a fine of not more than $2,000) to possess hemp products that contain THC

June 22, 2025 (Background)

Governor Greg Abbot Vetoes SB3

In a last-minute move, Gov. Abbott vetoed Senate Bill 3 (SB3), a piece of legislation passed by the House and Senate in the 89th Texas Legislature. He then called for a Special Session on July 21, 2025
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