Texas SB 264 Debate Reignites Fight Over THCA Flower in 2025

Texas SB 264, introduced in the 2025 legislative session, sought to ban consumable hemp THC products — including most THCA flower — in the state. The bill produced a sustained legislative fight but did not, as filed, enact a full ban into law.

Austin, Texas — May 30, 2025. Texas’s 2025 legislative session featured a months-long debate over the future of consumable hemp THC, with SB 264 and parallel measures in the House targeting the THCA flower market that has grown rapidly in the state since the 2019 passage of HB 1325.

SB 264 as filed proposed to amend the Texas Health and Safety Code to prohibit consumable hemp products containing any detectable amount of tetrahydrocannabinol other than the trace amounts permitted under federal hemp law. In practical effect, the measure was understood by industry and advocates as a ban on intoxicating hemp products including THCA flower, hemp-derived delta-9 edibles, and delta-8.

The bill was supported by Lt. Gov. Dan Patrick, who made hemp restriction a publicly stated session priority, and by parts of Texas’s licensed medical cannabis industry. It was opposed by the Texas Hemp Coalition, the Texas Hemp Federation, hundreds of small retailers, and a coalition of veterans’ advocacy groups arguing the products serve patients without access to the state’s narrow medical program.

The legislative path was contentious. The Senate version moved through committee with revisions; the House considered alternate language, including measures that would have preserved a regulated market with stricter age-gating and dosing limits. According to Marijuana Moment and Texas Tribune coverage, the session ended without a comprehensive hemp restriction passing into law in the form initially proposed.

Texas’s underlying statute — HB 1325 — remained the governing framework. THCA flower meeting the federal hemp definition continues to be sold legally in Texas, though the political landscape signals further attempts in subsequent sessions.

What it means for consumers

As of this writing, THCA flower remains legal in Texas under HB 1325. National brands continue to ship to Texas addresses, and Texas-based retailers continue to operate. The 2025 session demonstrated, however, that the regulatory status quo is contested at the state level. Consumers should expect repeat attempts at restriction in the next legislative session.

If a future Texas law does restrict THCA flower, expect a transition period and significant litigation — both because of the size of the Texas market and because of federal preemption arguments hemp trade groups have signaled they will raise.

Sources

• Texas Legislature Online
• Marijuana Moment — Texas hemp coverage
• Texas Tribune

Related

• Is THCA Legal in Texas?
• The THCA Loophole, Explained
• Brands Shipping THCA to Texas