Lawmakers Send THC Product Ban to Gov. Abbott

posted on 5.26.2025

State lawmakers have approved legislation that would ban the sale of all forms of consumable Tetrahydrocannabinol (THC) products in Texas.

Unless Gov. Greg Abbott vetoes SB 3 by Sen. Charles Perry, R-Lubbock, the sale of such products would become illegal on Sept. 1, impacting a portion of a broadcast advertising category. 

If the measure becomes law, Texas retailers of such products have already indicated they will take the ban to court, which could delay implementation of the law.

Under SB 3, the Texas Health and Human Services Commission would have until Dec. 1 to enact regulations implementing the measure. 

In 2019, the legislature approved a law authorizing commercial hemp agriculture in Texas.

The move allowed the cultivation, manufacture, and sale of certain hemp and hemp-derived products including consumable goods containing cannabidiol—popularly known as “CBD.” 

Lawmakers say more than 8,000 retailers jumped into the marketplace to exploit that law to sell life-threatening, unregulated forms of synthetic THC products, such as Delta-8 and THCA consumables to the public.

SB 3 would ban such products outright but still allow the sale of CBD products derived from non-intoxicating commercial hemp. 

The sale of these products differs widely from the state’s “compassionate use program” (CUP) which allows the sale of doctor-prescribed low-level THC marijuana by three licensed dispensaries.

The Texas CUP is heavily regulated and is allowed only for a handful of medical conditions such as cancer, epilepsy, multiple sclerosis, post-traumatic stress disorder, etc. 

House lawmakers are seeking an expansion of CUP to make it more easily accessible to Texans with serious medical conditions.

Advertising CBD Products Today

While the sale and advertising of certain types of CBD-related cannabis products is currently legal, the regulations that allow it are quite specific.

Stations accepting such advertising do so at their own risk and therefore must perform the necessary due diligence or risk the consequences of advertising an illegal product.

TAB’s longtime state legal counsel, Jackson Walker LLP, has prepared an advisory on advertising marijuana and hemp-based CBD products under current Texas law.

View TAB’s CBD Advertisement Legal Advisory

The main takeaways from the advisory are:

• Marijuana remains illegal in almost all contexts, and only three entities are authorized to dispense it for medical use under the Texas “compassionate use” law. Broadcasters should deal only with those entities and should not air advertisements that depict the consumption of marijuana.
• Broadcasters should avoid advertisements depicting consumption, suggesting illegal drug use, targeting children, or promising miraculous medicinal results that have not been adopted by the FDA.
• Broadcasters should avoid advertisements for CBD products derived from any source other than legal hemp. Broadcasters should also ask advertisers to warrant the purity and THC content of their products—only hemp-derived products with Delta-9 THC in concentrations less than .3% are legal.
• Broadcasters should only air advertisements for CBD processed by licensed manufacturers, from hemp grown by licensed producers, and sold by registered distributors. Where possible, broadcasters should obtain appropriate representations, warranties, indemnification, or other certifications from prospective advertisers as to those issues.

Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.

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