SAN ANTONIO – The Texas hemp industry can keep puffing along for now — at least, some of it can.
Another special Texas legislative session ended Sept. 4 without any action on banning or further regulating consumable hemp products in Texas.
Though Lt. Gov. Dan Patrick and the Texas Senate once again advanced a ban on tetrahydrocannabinol (THC), the principal psychoactive component of marijuana, the proposal never reached a vote in the Texas House.
While marijuana is still illegal, the legalization of hemp under the 2018 U.S. Farm Bill and a 2019 Texas law inadvertently paved the way for a multibillion-dollar industry of hemp-derived products, including variations of traditional THC, that give users a “high.”
Jacqueline Walji, who owns Mellow Monkey in San Antonio with her husband, said she sighed in relief when the special session ended without a ban.
“This is our bread and butter,” she told KSAT during a Monday visit to the smoke shop.
However, a separate law that took effect Sept. 1 outlaws the sale of vapes containing any cannabinoid. That appears to include not just different THC variations, but also cannabidiol (CBD), which does not generally produce a high.
The new law also prevents the sale of vapes, including nicotine products, made in China or manufactured to be disguised on inconspicuous items like highlighters or lipstick.
Empty THC vape boxes littered the shelves at Mellow Monkey on Monday, with only a few nicotine vapes remaining. However, gummies and smokable flowers remained for sale.
A customer at the store on Monday, looking for vapes, told KSAT he would probably return to flower as his main source of THC.
“If you can’t drink beer, you’ll drink wine kind of concept, you know?” he said.
The debate over recreational THC has pitted two of Texas’ most powerful Republicans against each other. Gov. Greg Abbott wants legislators to regulate the THC industry similarly to alcohol, while Patrick, who controls the Senate, is only interested in a full ban.
“After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” Patrick posted on X Sep. 3, the night before the special session ended. “My position remains unchanged; the Senate and I are for a total THC ban.”
After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution. I appreciate the effort by Gov. @GregAbbott_TX to find a solution. I thank Speaker Dustin @Burrows4TX and Republican…
— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) September 4, 2025
Spurred by Patrick, the legislature passed a plan during the regular legislative session to ban THC and most other consumable hemp products in Texas. However, Abbott vetoed it and urged for regulation instead.
In his veto proclamation, Abbott suggested legislators could institute age restrictions, packaging requirements, a permitting process, required testing and limits on permissible amounts of THC.
The hemp industry, including Walji, has been supportive of regulation over an outright ban.
“I saw the proclamation that he wanted to do for the second special — or the first special session," Walji said. “I was for everything on there. And we were already doing most of that stuff that was on there.”
While the special session didn’t result in a ban, neither did it produce the type of regulation Abbott wants.
When asked at a Friday bill signing whether he was willing to wait until the next regular legislative session in 2027 or call legislators back again, Abbott said, “I would say ‘stay tuned on that.’ Something may be happening soon.”
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