Texas moves to ban THC gummies, vapes amid safety concerns

Texas is gearing up to shut down a booming market of tetrahydrocannabinol (THC) infused gummies, vapes, and snacks that have flooded the state’s shelves—sparking a fierce debate over public safety, regulation, and the unintended fallout of federal hemp laws. 

The legislation, now awaiting Governor Greg Abbott’s signature, would outlaw almost all edible hemp products except for non-psychoactive cannabidiol (CBD) and cannabigerol (CBG), Caliber.Az reports via Bloomberg.

Meanwhile, a separate bill expanding the state’s medical THC programme - covering the psychoactive compound found in marijuana and in smaller amounts in hemp—is also nearing final approval.

The move aims to limit the impact of the federal 2018 Farm Bill, which broadly legalized hemp cultivation nationwide. While the law was intended to boost hemp farming, entrepreneurs quickly capitalized on a loophole to market intoxicating hemp-derived products in states like Texas where marijuana remains illegal. Texas passed its own hemp production law in 2019, but it did not restrict the types of products now widely sold.

With the Food and Drug Administration (FDA) yet to implement comprehensive rules for finished hemp products, states are left to regulate themselves. Some, like Utah and North Dakota, have banned all hemp-derived THC products, while Florida Governor Ron DeSantis vetoed a bill last year that sought to restrict sales significantly. Shawn Hauser, a cannabis law expert at Vicente LLP, described the situation as a “regulatory gap,” comparing it to legalising hops without regulating beer: “It’s like they legalised hops and directed an agency to regulate beer, and that never happened.”

Retail “smoke shops” selling these intoxicating products have proliferated across Texas. A Whitney Economics study cited by Hometown Hero, a product seller, estimated hemp-derived cannabinoids generated $4.3 billion in sales and supported over 53,000 jobs in Texas last year.

Texas Lieutenant Governor Dan Patrick has made banning recreational THC a top priority, voicing concerns about minors’ access and public health risks. Last week, near the end of the legislative session, he staged a press conference showcasing THC-infused snacks and gummies, warning they could “kill them or ruin their mental state for the rest of their lives.” The company behind the products, Hometown Hero, defended its offerings through a video statement by CEO Lukas Gilkey.

Governor Abbott has yet to publicly address the bill. His spokesperson said he “will thoughtfully review any legislation sent to his desk.”

Hemp farming in Texas is rapidly expanding, with 4,900 acres planted in 2024—up sharply from 250 acres the previous year, according to the Texas Farm Bureau. Hauser noted Texas now has nearly twice as many dispensaries as California. While the ban targets products exploiting the FDA loophole, Hauser warned it could push consumers toward illicit markets, potentially triggering “a public safety crisis, which is perverse for the problem it’s trying to fix.”

By Naila Huseynova