Texas Governor Vetoes Bill Prohibiting Possession and Sale of THC Cannabis Products
The laws in the U.S. regarding the possession, manufacture, and distribution of controlled substances are ever evolving. This is also true in Texas, where Governor Abbott recently vetoed a House bill that, if passed, would have banned all consumable hemp products that contained any THC. Possession of marijuana, however, remains unlawful in Texas, where those who are charged with the crime could face jail time and fines, even for a first time offense.
What Was Senate Bill 3?
Passed by the Texas House in May, Senate Bill 3 banned the possession and use of all THC-containing products in the state, including Delta 8 and 9, as well as the retail sale of any cannabinoid products besides CBD and CBG. Although touted as a means of protecting Texans, particularly young consumers, critics argued that the bill would unduly impact local businesses and was excessively harsh, as conviction could have led to up to a year in jail.
Texas Governor Vetoes House THC Ban
Late last month, Governor Abbot called a special late night legislative session, where he asked lawmakers to strictly regulate THC rather than attempting to ban it entirely, as they had with the earlier passage of Senate Bill 3. The governor argued that the law would not have survived constitutional challenges and would have placed state law in direct contravention of federal legislation, which legalized hemp products in 2018. The governor went on to urge an approach similar to how alcohol is regulated, where rules could bar the sale of THC products to minors, require testing during the manufacturing process, permit local governments to prohibit retail stores from selling certain THC products, and provide law enforcement with funding to enforce new restrictions. The special session was followed by an official veto of Senate Bill 3.
Marijuana Possession in Texas
It’s important to note that marijuana possession remains illegal in Texas, with penalties depending on the amount of the substance in question, as well as the accused’s criminal record. The offense is typically charged as a misdemeanor when the quantity seized is less than four ounces. If, however, the amount exceeds this minimum, then a person can be charged with a felony, which can mean more than a year in prison and fines in excess of $10,000. Fortunately, there are a number of defenses that can help those who are unfairly accused of drug possession avoid the harshest penalties of conviction. To learn more about the ins and outs of drug possession prosecutions in Texas, please don’t hesitate to reach out to our legal team today.
Were You Charged With Marijuana Possession?
If you have questions about drug possession laws in Texas or were recently accused of possessing marijuana, you need the help of a strong defense team. Please call The Law Offices of David C. Hardaway to speak with one of our dedicated San Marcos and Hay County, Texas drug possession lawyers today. Call us at 512-805-6613 to set up an initial consultation and get started on your own defense.
Sources:
cbsnews.com/texas/news/bill-bans-thc-sales-passes-texas-house/
texastribune.org/2025/06/22/texas-thc-ban-bill-greg-abbott-veto-senate-bill-3/