Texas SB 3 Veto: What It Means for THC, Hemp Products, and Marijuana Laws

 Posted on June 23, 2025 in Drug Crimes

This past weekend, Governor Greg Abbott vetoed Senate Bill 3 (SB 3), a high-profile piece of legislation that would have banned most consumable hemp-derived THC products in Texas. While this decision was a relief to many in the hemp and cannabis-adjacent industries, it has also raised questions about what the law would have done and what Texans still need to know about THC and marijuana legality. Contact our Tarrant County marijuana charge defense attorney to learn more. 

What Would SB 3 Have Made Illegal?

SB 3, which passed both chambers of the Texas Legislature with strong support, proposed sweeping restrictions on hemp-derived products. Specifically, it would have:

• Banned all synthetic or processed THC cannabinoids, including popular variants like delta-8, delta-9 (derived from hemp), delta-10, THC-O, and HHC, even if derived from federally legal hemp.

• Limited legal cannabinoids to just CBD and CBG, essentially outlawing any product that produces psychoactive effects.

• Criminalized possession of prohibited hemp-derived THC products, with penalties ranging up to a Class A misdemeanor.

• Created licensing and registration requirements for all hemp product manufacturers and retailers, with high compliance costs and QR code tracking mandates.

• Banned consumable hemp products from being sold near schools or to anyone under 21.

If SB 3 had become law, most of the THC-infused vape pens, gummies, drinks, and oils currently sold in Texas would have become illegal, even though they are derived from hemp.

For a detailed breakdown, you can read the full text of SB 3 here.

Governor Abbott’s Veto and What It Means

On June 22, 2025, just hours before the signing deadline, Governor Abbott vetoed SB 3, arguing that the bill was overly broad, potentially unconstitutional, and could lead to unintended consequences. He cited concerns that a total ban might push THC use into unregulated black markets and that better solutions exist.

Instead of prohibition, Abbott called for a special legislative session starting July 21, with the goal of creating a regulated market for consumable THC, similar to how alcohol is handled in Texas.

"I am directing lawmakers to return next month and develop a regulatory framework that protects children, enforces age limits, and ensures product safety—without criminalizing legal businesses and adult consumers," Abbott said.

Relevant coverage:

Gov. Greg Abbott vetoes THC ban, calls for regulation instead

Texas Gov. Abbott vetoes THC ban, announces special session

Gov. Greg Abbott vetoes Texas THC ban bill SB3, instead calls special session to talk regulation

Important Reminder: Marijuana Is Still Illegal in Texas

While hemp-derived THC remains legal for now, it’s important to remember that marijuana is still illegal in Texas. This includes:

•  Possession of marijuana flower, even in small amounts

•  THC concentrates or edibles derived from marijuana

The SB 3 veto does not change marijuana laws. Possession of marijuana can still lead to arrest, criminal charges, license suspension, and other legal consequences. Even hemp-derived products can put you at legal risk if they test above the 0.3% THC threshold.

Call Our Fort Worth, TX Drug Crimes Defense Lawyer

The veto of SB 3 gives Texas a brief reprieve from what would have been one of the strictest hemp laws in the country. But the legal landscape around THC and marijuana remains complex, fluid, and heavily policed.

If you are facing a THC or marijuana-related charge, contact a Tarrant County, TX marijuana defense lawyer at The Dameron Law Firm for a consultation.

We’ll continue monitoring developments when the Legislature reconvenes in July and will post updates here.