Legality of transporting of products containing THC bought at retail stores in question
by Michael Robinson | Uvalde Hesperian
Top Picture by Robinson
03-30-25
On March 19th, 2025, The Texas Senate approved SB3 and has sent the bill to the Texas House of Representatives to vote on S.B.3, a bill designed to ban the sale of all consumable hemp products containing THC and if passed would shut down approximately 8,000 stores throughout the state of Texas that are open for business. Uvalde currently has at least 3 stores that sell products with TCH currently allowed for sale under a State of Texas Agriculture Bill passed in 2019.
According to a Texas Tribune article on the topic, State of Texas Lt. Governor Dan Patrick has stated that he will push for a special session if the THC ban does not pass.
According to information on the bill from www.trackbill.com on the AUTHOR’S / SPONSOR’S STATEMENT OF INTENT it states:
S.B. 3 bans the sale of all consumable hemp products that contain THC. The only consumable hemp products that will remain legal under this bill are products that only contain cannabidiol
(CBD) or cannabigerol (CBG). Any product that remains legal under this bill will have to comply with a strict regulatory framework.
S.B. 3 also prohibits the sale of consumable hemp products to minors under 21, prohibits marketing consumable hemp products to minors, and requires all legal consumable hemp
products to be properly labeled and placed in tamper-evident, child-resistant, and resealable packaging. These new safety features will help ensure children are not accidently exposed to any
consumable hemp products.
Furthermore, S.B. 3 creates several new criminal offenses to prevent the sale of illegal products in this state. Austin’s KTRK ABC 13 Eyewitness News reported the following quote from Texas Lt. Governor Dan Patrick,
“Three years ago, we had very few (smoke shops selling THC products),” he said. “In the last three to four years, we have 8,000 of these stores. Now some of them are not smoke shops, but 8,000 of these places have opened up. We’re talking dangerous drugs that are illegal and over the limits and nobody knows what they’re buying and they’re building these shops around schools.”
In a press release issued by the Lt. Governor Patrick on March 19,2025 he said,
“Since 2019, retailers across Texas have exploited a state agriculture law to sell life-threatening, unregulated forms of Tetrahydrocannabinol (THC) to Texans, including children. These stores which often target children with their marketing have popped up across the state, threatening the safety of our communities. Today, the Texas Senate drew a line in the sand and passed SB 3 to ban all forms of intoxicating THC.
“I named SB 3 a major legislative initiative of mine because I will not allow retailers to circumvent the law and put Texans’, and especially children’s, lives in danger. These rogue retailers are selling THC products containing several times more THC content than marijuana purchased from a drug dealer off the street. These dangerous products must not be allowed to permeate our communities and endanger Texas children.”
A few weeks ago, the Uvalde Hesperian spoke with 38th Judicial District Attorney Christina Mitchell on the topic of THC products purchased from local stores and the legality of transporting these items in a vehicle after purchase. Mitchell indicated it may not be legal.
The Uvalde Hesperian has reached out to Mitchell requesting a statement on the topic and is waiting on a response. The Uvalde Hesperian has reached out to the Uvalde Police Department asking for a statement.
