Gov. Greg Abbott has vetoed a controversial bill that would have banned consumable hemp products containing THC throughout Texas, arguing the legislation would be immediately tied up in court challenges, rendering it useless against the very problems it aimed to solve.
The governor’s rejection of Senate Bill 3 Friday marked one of his most significant vetoes this session, killing legislation that would have prohibited products containing delta-8 and other hemp derivatives that have proliferated across Texas in recent years. Abbott didn’t mince words about his reasoning.
“Senate Bill 3 is well-intentioned. But it would never go into effect because of valid constitutional challenges,” Abbott wrote in his veto proclamation. “Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable.”
Learning from Arkansas’s Mistake
Abbott pointed directly to Arkansas as a cautionary tale. That state’s similar 2023 ban was quickly halted by a federal court, which found it likely violated federal law and contained unconstitutionally vague criminal provisions. The result? “Their law has sat dormant, meaningless, having no effect for nearly two years while further legal proceedings play out,” Abbott noted.
Instead of an outright ban, the governor is pushing for a regulatory framework that would still address safety concerns while respecting federal law. The 2018 federal Farm Bill legalized hemp products, creating what Abbott described as a “collision course” between the proposed state ban and existing federal statutes.
“To ensure the highest level of safety for minors, as well as for adults, who obtain a product more dangerous than what they expected, Texas must strongly regulate hemp, and it must do so immediately,” the governor emphasized.
Part of a Broader Veto Strategy?
The rejection of SB 3 comes amid what has become Abbott’s most prolific veto session yet. The governor has struck down 76 bills during the 2023 legislative session — his highest total since taking office, though still shy of the statewide record of 83 set by former Gov. Rick Perry in 2001.
Are these vetoes just about policy disagreements? Not entirely. Political observers suggest many rejections serve strategic purposes tied to Abbott’s legislative priorities.
“A lot of bills were not just vetoed as a political point, but also to create leverage going forward for some of the governor’s priorities,” political analysts explained to Texas Standard. Those priorities include property tax relief and school voucher programs — both sticking points in recent legislative sessions.
Abbott has been explicit about his focus on property tax cuts, even using identical language in multiple veto proclamations: “This bill can be reconsidered at a future special session only after property tax relief is passed… At this time, the legislature must concentrate on delivering property tax cuts to Texans,” he declared repeatedly.
The governor has exercised his veto power broadly, striking down Senate Bills 237, 281, 474, 1109, 1458, and 1772 with minimal explanation beyond citing his constitutional authority under Article IV, Section 14 of the Texas Constitution. Many of these proclamations follow a nearly identical format, suggesting a systematic approach to managing the legislative agenda.
What’s Next for Hemp Regulation?
Despite rejecting the outright ban, Abbott hasn’t abandoned the issue. He’s called a special legislative session specifically to address hemp regulation, signaling that while he opposed this particular approach, he remains committed to addressing concerns about these products.
“Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure and can take effect without delay,” Abbott insisted.
The veto leaves Texas’s hemp industry in a continued state of limbo — legally operating but under increasing scrutiny. For now, products containing delta-8 and similar compounds remain available across the state, though their future regulatory status hangs in the balance as lawmakers prepare to revisit the issue under Abbott’s direction.
