CBD/Hemp

Hemp-THC sales remain unrestricted in Texas

A months-long legislative fight ended without resolution, allowing c-store retailers, grocers and others to continue selling beverages, edibles and more
Texas Capitol
It remains legal to sell hemp-derived THC products in Texas. | Shutterstock

It remains legal to sell hemp-derived THC products in Texas, the state with more convenience stores than any other. 

That news comes following the close of the Texas Legislature’s second special session late Wednesday, in which no action was taken on Senate Bill 6, the so-called “hemp-killing” legislation. 

The 30-day session also ended with no plans for a third special session, potentially giving THC sales a two-year reprieve in the state as the Texas Legislature only meets every two years. Though it remains possible a third special session could be called. 

At issue was a conflict between Texas Gov. Greg Abbott, who wanted a regulatory framework put in place for selling cannabis, and Lieutenant Gov. Dan Patrick, who called for a full ban on the products. 

“After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” Patrick posted on X late Wednesday. “My position remains unchanged; the Senate and I are for a total THC ban.”

State lawmakers, however, did approve a ban earlier this year on vapes containing hemp-derived THC, with that law taking effect on Monday. 

It is estimated that hemp-THC sales contribute $5.5 billion in annual sales to the Texas economy, with estimated tax revenue of $268 million, according to a report by Whitney Economics. Retail revenue of the products grew to $4.3 billion in 2025, up from $3.3 billion in 2023, the report found. 

“The impasse in Texas over the proposed THC ban speaks volumes,” Jake Bullock, co-founder and CEO of THC beverage company Cann, told CSP via email. “Texans don’t support a ban that would drive safe, naturally-derived hemp products underground; they want them responsibly regulated and accessible. We are glad state lawmakers took the opportunity to reject fear-based policy, protect jobs and support small businesses, and advance a smarter path forward.”

Bullock said Cann would continue to work with elected officials in Texas to “build a system rooted in testing, transparency and common sense—not prohibition.”

“Adults should retain access to responsibly regulated hemp products wherever alcohol is sold, including our c-store and grocery retail partners, who are safely selling hemp drinks to adults in Texas today,” he said. 

Diana Eberlein, chair of the lobbying group the Coalition for Adult Beverage Alternatives, echoed Bullock’s response to the Texas Legislature. 

“With the adjournment of Special Session Two, we thank Texas lawmakers for their continued attention to the important issue of regulating intoxicating hemp,” Eberlein said. “The Coalition for Adult Beverage Alternatives stands ready to support future efforts that prioritize consumer safety, responsible regulation, and the economic opportunity this emerging industry provides.”

The fate of hemp-THC products in Texas has been a rollercoaster ride in recent months. 

Last month, the Senate voted 22-8 in favor of banning the sale of all intoxicating hemp-THC beverages, edibles and more. 

That marked the third try during the legislative session to pass some version of SB 6, which the governor had warned could put “federal and state law on a collision course” by criminalizing cannabinoids that are currently legal under the 2018 Farm Bill. 

Abbott instead called for a regulatory framework around the products that would align with federal law. 

Continuing to allow the sale of hemp-THC products in Texas has wide-ranging repercussions for makers of the products and, of course, for retailers. Texas has more convenience stores than any other state, with more than 16,000 locations or 10% of the total c-stores in the country, according to NACS data. 

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