Texans deserve safe, legal access to hemp—period. That was the promise made when the federal government passed the 2018 Farm Bill. But now, SB 3 threatens to take it all away with a ban on hemp-derived cannabinoids like THCa and Delta-8.
Let’s be clear: Texas doesn’t have the legal right to ban these products. And here’s why.
⚖️ 1. The Farm Bill Made Hemp Legal Nationwide
In 2018, the federal government passed a law legalizing hemp and everything that comes from it—cannabinoids, extracts, acids, and more—as long as Delta-9 THC is under 0.3% dry weight.
That includes the products sold at Hemp Gaia. If Texas passes SB 3, they’re not just banning hemp—they’re rewriting federal law, and that’s unconstitutional.
📦 2. Texas Can’t Block Federally Legal Products
The U.S. Constitution protects interstate commerce. That means Texas can’t stop the flow of hemp products that are legally produced and sold across state lines.
Imagine banning Florida orange juice in Texas because it has too much pulp. Sounds ridiculous, right? That’s what SB 3 tries to do—ban federally legal goods Texans want and need.
🏛️ 3. Federal Law > State Law
The Supremacy Clause in the Constitution says federal law overrides state law. Hemp is legal under federal law. So any attempt to criminalize its derivatives—like THCa flower or Delta-8 gummies—is dead on arrival in federal court.
🚫 4. No, This Isn’t Like a Dry Town Banning Alcohol
Some have compared banning hemp to dry towns banning booze. But that’s not how it works.
Dry towns are allowed because alcohol isn’t protected under federal law. Hemp is.
This isn’t just a local preference—it’s a federal agricultural policy. And Texas can’t opt out.
🌾 5. Texas Farmers and Retailers Will Pay the Price
SB 3 doesn’t just attack consumers—it threatens Texas agriculture. Farmers growing federally legal hemp for production and manufacturing could lose their markets, their subsidies, and their businesses.
Hemp Gaia works with vetted, safe, compliant farms. A statewide ban would hurt them the most—and put thousands of Texans out of work.
⚠️ 6. Legal Action Is Already in Motion
Our team includes the same legal experts who helped file the original Delta-8 injunction in Texas. If SB 3 becomes law, they’re ready to challenge it in federal court—and win again.
This is about constitutional rights, small business survival, and fair access.
💥 Our Message to Governor Abbott: Veto SB 3
SB 3 is bad policy, bad science, and it won’t survive in court. But more importantly, it punishes law-abiding Texans who just want safe, natural alternatives—and it turns back the clock on the hemp freedom Texas once proudly led.
We’re asking Governor Abbott to stand with farmers, veterans, and small business owners, and veto SB 3 before it’s too late.
🛍️ Want to help?
📞 Call the Governor's Office: (512) 463-2000
🖊️ Sign the petition: TexasHempBusinessCouncil.com/petition
🫶 From all of us at Hemp Gaia—thank you for standing with us, shopping local, and fighting for hemp freedom in Texas.