Texas lawmakers criminalize sale of high delta-9 THC hemp products

On March 14, 2025, Texas lawmakers introduced House Bill 28, a significant piece of legislation aimed at regulating the sale and distribution of consumable hemp products, particularly those containing delta-9 tetrahydrocannabinol (THC). This bill seeks to address growing concerns about the safety and legality of hemp-derived products in the state, particularly in light of increasing public interest and market expansion.

The primary provisions of House Bill 28 establish strict limits on the THC content in consumable hemp products. Specifically, it prohibits individuals required to register under Section 443.2025 from selling or distributing products that contain more than 10 milligrams of THC per container or per transaction. Additionally, the bill introduces criminal penalties for various offenses related to the manufacture, delivery, and possession of hemp products exceeding the specified THC limits. Notably, violations could result in felony charges for serious offenses and Class A misdemeanors for lesser infractions.

One of the most contentious aspects of the bill is its provision to criminalize the sale of consumable hemp products to individuals under the age of 21. This measure aims to protect minors from potential health risks associated with THC consumption. Retailers will be required to verify the age of purchasers, and failure to comply could lead to significant legal repercussions for both employees and store owners.

The bill has sparked considerable debate among lawmakers, industry stakeholders, and public health advocates. Proponents argue that the legislation is necessary to ensure consumer safety and to establish clear guidelines for the burgeoning hemp market. Critics, however, express concerns that the stringent regulations may stifle legitimate businesses and limit access to safe, regulated products for adult consumers.

Economically, House Bill 28 could have far-reaching implications for Texas's hemp industry, which has seen rapid growth since the legalization of hemp cultivation in 2019. By imposing strict regulations, the bill may drive some small businesses out of the market while potentially benefiting larger corporations that can more easily absorb compliance costs.

As the legislative process unfolds, the future of House Bill 28 remains uncertain. Lawmakers will need to balance public health concerns with the economic realities of a growing industry. The outcome of this bill could set a precedent for how Texas regulates hemp products moving forward, impacting both consumers and businesses alike. Observers will be closely watching the discussions and potential amendments as the bill progresses through the legislative session.