Texas Senate passes SB 5 to ban most consumable THC hemp products, preserves CBD/CBG and adds mail-delivery carve-out

The Texas Senate on Monday, July 30, passed Senate Bill 5, a bill that would prohibit most consumable hemp products containing THC while leaving non-psychotropic cannabidiol (CBD) and cannabigerol (CBG) products legal and exempting hemp seed, hemp seed protein powder and hemp seed oil.

Senator Perry, the billauthor, said SB 5 is intended to align state law with federal agency guidance and curtail an unregulated market he described as a public-safety risk. "CBD and CBG will still be legal for purchase," Perry said during the floor discussion, adding that the bill preserves agriculturally permitted hemp cultivation (the federal 0.3% delta-9 THC dry-weight threshold for hemp). Perry argued that synthetic cannabinoids and consumable THC products sold in retail vape and smoke shops are illegal under federal law and said the state should act to prohibit their sale.

The bill retains federal exemptions for certain hemp products the FDA classifies as generally recognized as safe (GRAS) and states that consumable health products are those intended for ingestion, absorption or inhalation, including food, drugs and devices. SB 5 also includes age gating (21+) and a distance…