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 restriction for retail sales near schools as discussed on the floor.

Senators across the chamber pressed Perry on implementation details and how the proposal would affect veterans and Texans who use cannabis products for symptom relief. Senator Menendez said, "We shouldn't be allowing people to find medical therapies in gas stations," and described support for a regulated medical pathway. Perry and others described the Texas Compassionate Use Program (TCUP) as the intended regulated channel for medical cannabis and discussed timelines for expanding licensed dispensaries and satellite outlets. Perry noted there are roughly 150 applicants in the licensure pipeline and that Department of Public Safety (DPS) licensing timelines discussed on the floor include a December 1 milestone and other administrative dates toward 2026 for expanded dispensing.

Floor debate focused heavily on enforcement feasibility and public health. Perry warned enforcement costs and the rapidly changing chemistry of synthetic products make regulation difficult: "Regulation is decriminalization. Whether you admit it or not, the practicality of enforcement effectively does decriminalize." He cited experiences in other states and law-enforcement concern that field detection and ongoing chemist innovation undermine enforceability.

Supporters of regulation urged careful controls to protect minors and to preserve medically appropriate access under TCUP. Senator Blanco cited FDA and CDC alerts about children ingesting product packaged to resemble candy and urged protections against deceptive marketing.

The Senate adopted Floor Amendment No. 1, offered by Perry, which clarifies that legal, non-psychotropic CBD and CBG products may be delivered by courier or mail (the billas introduced had prohibited courier/mail delivery for consumable hemp products). The amendment was adopted without recorded opposition on the floor.

On a roll-call vote after debate, the Senate recorded 20 ayes and 9 nays on the motion to advance SB 5 ("the bill passes on gross"). Earlier in the morning the Senate also adopted Senate Concurrent Resolution No. 1, granting each house permission to adjourn for more than three days between Wednesday, July 30 and Monday, Aug. 4; the chamber recorded 29 ayes, no nays on that resolution.

What the bill would do and next steps
SB 5, as explained on the floor, would: prohibit most consumable hemp products that contain THC; preserve the sale of non-psychotropic CBD and CBG and certain GRAS hemp-derived products (hemp seed, seed oil, seed protein); age gate sales at 21; and restrict sales near schools. The floor amendment permits lawful CBD/CBG to be mailed or couriered. Supporters said the measure aligns state law with FDA, DEA and USDA positions on consumable THC products; opponents cautioned about access for patients who currently rely on retail products and urged faster TCUP expansion.

Votes at a glance: SCR 1 and SB 5
- Senate Concurrent Resolution 1 (permission to adjourn >3 days, Wed. July 30Mon. Aug. 4): adopted; recorded on the floor as "29 ayes, no nays." (Secretary reading and adopted)
- Senate Bill 5 (consumable hemp product restrictions): amendment adopted; final motion passed on floor vote recorded as "20 ayes and 9 nays" and reported as "the bill passes on gross."

The Senate discussion placed emphasis on enforcement practicality, veteran access to TCUP, and child-safety concerns raised by state and federal health agencies. The bill will proceed to the next steps required by Senate rules after the passage vote recorded on the floor.