Arkansas Bans Hemp-Derived THC, While Texas Governor Vetoed Similar Bill

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Earlier this week, Texas Governor Greg Abbott vetoed Senate Bill 3 (SB 3) which would have banned hemp-derived tetrahydrocannabinol (THC) in the state (1,2).

In his veto statement (1) Governor Abbott said, “Texans on each side of the Senate Bill 3 debate raise serious concerns.” He added, “But one thing is clear—to ensure the highest level of safety for minors, as well as for adults, who obtain a product more dangerous than what they expected, Texas must strongly regulate hemp, and it must do so immediately…Senate Bill 3 is well-intentioned. But it would never go into effect because of valid constitutional challenges. Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable. If I were to allow Senate Bill 3 to become law, it's enforcement would be enjoined for years, leaving existing abuses unaddressed. Texas cannot afford to wait.”

Controversial to the Texas Governor’s stance on the bill, a similar bill signed into law by Arkansas Governor Sarah Huckabee Sanders was deemed to be able to go into effect. Ganjapreneur reported that previously (3), “US District Court Judge Billy Roy Wilson ruled the plaintiffs in a hemp industry lawsuit against the ban would face ‘a credible threat of criminal prosecution’ for their involvement in the industry, ‘despite no change in federal law.’ Judge Wilson blocked the ban and scheduled a bench trial, granting apparent relief to the hemp products industry in Arkansas.”

Earlier this week, the US Court of Appeals for the Eighth Circuit declared that the ban on intoxicating hemp-derived products was “allowed to proceed,”(3). With this law going into effect, hemp-derived THC products would no longer be able to be sold in Arkansas.

Attorney General Tim Griffin said (3,4), “Today’s ruling isn’t just a win for Arkansas, it’s a win for common sense and the rule of law. If you are selling these products, you are now doing it in violation of the law.”

What makes this ruling interesting is that Texas Governor Abbott had referred to the 2023 Arkansas federal court decision in his message where he announced he was vetoing SB 3 (1-3).

References

1. McEvoy, E. Texas governor vetoes bill to ban hemp-derived THC in the State https://www.cannabissciencetech.com/view/texas-governor-vetoes-bill-to-ban-hemp-derived-thc-in-the-state (accessed Jun 24, 2025).
2. Colli, M. Texas legalizes medical cannabis: Becoming the 40th state to do so https://www.cannabissciencetech.com/view/texas-legalizes-medical-cannabis-becoming-the-40th-state-to-do-so (accessed Jun 27, 2025).
3. Abbott, G. Federal Court rules Arkansas’ ban on hemp-derived THC can move forward https://www.ganjapreneur.com/federal-court-rules-arkansas-ban-on-hemp-derived-thc-can-move-forward/ (accessed Jun 27, 2025).
4. Sewell, M.; Mobley, A. Arkansas to ban delta-8, other THC products after Appeals Court victory https://katv.com/news/local/court-upholds-arkansas-ban-on-psychoactive-hemp-products-ag-griffin-hails-decision-delta-8delta-9-recreational-marijuana-farm-bill-lawsuit (accessed Jun 27, 2025).