The federal spending package aimed at ending the ongoing government shutdown could also wipe out the nation’s hemp-derived THC industry — including products that have become popular and widespread across Texas.
Buried deep in the measure, known as H.R. 5371, is Section 781, which would redefine hemp to include a strict total THC limit of 0.4 milligrams per container. Industry leaders say the change would “effectively outlaw” nearly all hemp-derived products, including delta-8 edibles and vapes, that have become legal and popular since Congress passed the 2018 Farm Bill.
Texas Lt. Gov. Dan Patrick praised the possible ban, calling it a victory for public health. “The THC ban has been a priority for me, and I appreciate Congress addressing this important issue at a national level,” Patrick wrote on X. “I believe this ban will save a generation from getting hooked on dangerous drugs.”
The Texas Hemp Business Council (THBC), which represents the state’s hemp-based cannabinoid industry, strongly disagreed. The group said the measure would “eliminate the nation’s $28 billion hemp economy,” threatening 300,000 jobs, shuttering small businesses, and undermining state regulatory systems. The THBC warned that veterans and consumers could turn to illicit markets if the industry collapses.
Texas Republican Sen. Ted Cruz voted in favor of the overall spending bill but joined Sen. Rand Paul of Kentucky in an unsuccessful attempt to remove the hemp provision. Cruz said he supports allowing states to determine their own rules for hemp and marijuana. “A one-size-fits-all federal standard will undoubtedly create unintended consequences that harm consumers,” he posted on X.
Texas has been a focal point in the national debate over hemp-derived THC. In 2023, the state legislature passed a bill to ban most delta-8 and delta-9 products, but Gov. Greg Abbott vetoed it, arguing the language was too broad and could harm legitimate hemp operations. He later issued an executive order tightening regulation instead — mandating clearer labeling, potency testing, and banning sales to minors.
Guest:
Cynthia Cabrera is president of the Texas Hemp Business Council and chief strategy officer of Hometown Hero.
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This episode will be recorded on Wednesday, November 12, 2025 at noon.
