I was so confused by Texas Senate Bill 3 outlawing THC products with less than 0.3% TCH my face must have looked just like a dog after watching a card trick. Isn’t marijuana already illegal? And who cares about products with less than 0.3% THC? Wouldn’t that be like drinking nonalcoholic beer? 

What is the Status of the Texas SB-3 THC Bill?

As of June 7, 2025, Texas is on the verge of enacting a significant change to its hemp laws through Senate Bill 3 (SB-3). This bill, having passed both chambers of the Texas Legislature, is currently awaiting Governor Greg Abbott’s signature. The Guv’na has until June 22 to veto or sign it. If he takes no action, it will become law.

SB-3 would outlaw all THC products, including Delta-9 – the main psychoactive compound in marijuana – and synthesized THC like Delta-8 and Delta-10. CBD would still be legal, and patients with some conditions and a prescription could still get their THC.

Why is Any Form of THC Legal in Texas?

The 2018 Federal farm bill allowed hemp-derived fiber, THC, and CBD. Texas went along with the Federal standard and thus the wormhole of my confusion was born. 

But again, why care about products with less than 0.3% THC? Because the <0.3% standard is not the percentage of THC in relation to the weight or volume of the end-product such as gummies or drinks.

What’s the Difference Between Marijuana and Hemp THC Products?

The difference between marijuana and the THC derived from hemp which would be criminalized by the new Texas SB-3 law is about how the THC percentage is measured. Legal hemp must contain 0.3% or less THC measured against the dry weight of the hemp. With enough concentration after harvesting and enough volume of the end product, there’s enough Delta-9 to get the user high.

And CBD can be synthesized into Delta-8 THC which is a milder psychoactive than the natural Delta-9 compound, but sufficient to get the user high.

I’m Still Confused. What’s the Difference Between Hemp and Marijuana? Don’t They Come From the Exact Same Plant?

Yes, but the difference between hemp and marijuana is what strain is grown, how it’s grown, and when it’s harvested. So farmers walk a fine line between growing hemp vs. marijuana and they stay on the side of the law with seed genetics, growing techniques, and mandatory testing of the volume of THC in the harvested plants. The truth is there is no botanical difference between marijuana and hemp. They are the same plant species, grown and regulated differently based on intent and THC content.

Doesn’t Pot Come from Female Cannabis Plants and Hemp Come from Male Plants?

Cannabis plants are dioecious, meaning male and female flowers grow on separate plants.

• Female plants produce the buds rich in cannabinoids (CBD, THC, etc.).
• Male plants produce pollen, used to fertilize females (which then make seeds).
• Unpollinated female plants (“sinsemilla”) produce more resin and THC—preferred for marijuana.
• Hemp crops are usually:
  • Male-only (for fiber)
  • Female-only (for CBD or seed oil)
  • Or feminized seed to avoid pollination

So no, the difference isn’t just “one is male, one is female.” Each plant type—hemp or marijuana—can have male or female forms.

How Do Farmers Control THC Levels in Hemp?

1. Genetics: The Most Crucial Factor

• Farmers start with certified hemp genetics bred to produce high CBD and low THC.
• These cultivars are selectively bred to suppress THC production even in female plants.

CBD and THC are produced by the same enzyme pathway, so as CBD goes up, a little THC almost always rises too. Good hemp genetics try to limit that.

2. Feminized Seeds

• Feminized seeds = 99%+ chance of female plants.
• Female plants make CBD-rich flowers.
• But THC also rises as plants mature. So farmers:
  • Harvest early, before THC rises too high.
  • Avoid stressors that increase THC (heat, drought, pests).

3. Avoiding Pollination

• Ironically, pollination may lower cannabinoid content. When a female plant is pollinated, she puts energy into seeds instead of resin production.
• This is good for seed/fiber hemp, bad for CBD.
• So for high-CBD hemp:
  • Pollination is avoided.
  • Feminized plants are grown without males nearby.

CBD-rich hemp is unpollinated female hemp, just like marijuana—but using low-THC genetics.

4. Testing and Timing

• Farmers must submit pre-harvest samples (usually within 15–30 days of harvest).
• If THC is over 0.3%, the crop must be destroyed.
• So harvest timing is critical—wait too long, THC creeps up.

How to Tell the Difference Between Marijuana and Hemp

Visually, you can sometimes guess:

• Hemp: Tall (8–15 feet), skinny stalks, sparse foliage, grown in rows like corn.
• Marijuana: Shorter (3–6 feet), bushier, more leaves, grown for thick flower buds.

But lab testing is the only reliable way to distinguish them, because both can look very similar, especially early in growth.

Why Was a New THC Law Needed?

SB-3 was championed by Lt. Governor Dan Patrick to rid gas stations and smoke shops of products with any THC.

1. Exploitation of Legal Loopholes

In 2019, Texas legalized hemp products containing less than 0.3% Delta-9 THC, aligning with federal standards. However, this law inadvertently allowed the sale of hemp-derived products like Delta-8 and THCa, which can produce intoxicating effects similar to marijuana when consumed. Retailers capitalized on this loophole, leading to a surge in THC-infused products available in the market.

2. Public Health and Safety Concerns

Lawmakers expressed alarm over reports of high-potency THC products being marketed towards minors, with stores often located near schools. Additionally, instances of mislabeling and accidental overconsumption raised red flags about consumer safety.

While traditional marijuana typically contains 5-15% THC, some hemp-derived products have been found with THC concentrations as high as 78%. These products are available in various forms, including edibles, vapes, and beverages, making them more accessible and potentially more appealing to younger demographics.

3. Mental Health Implications

Senator Charles Perry highlighted the potential mental health risks associated with high-THC products, citing studies linking excessive THC consumption to conditions like schizophrenia, especially among young men.

Is this real? THC has been used for thousands of years. Are people really having adverse mental health conditions from using it? I mean, aside from sitting on the couch all day and watching TV while eating Froot Loops?

Cannabis is not a sufficient cause for schizophrenia in most users, but it can act as a trigger or exacerbating factor, especially with early exposure, heavy use, or genetic vulnerability.

Legal Distinctions: Hemp vs. Marijuana

1. Delta-9 THC was already banned in marijuana

• Under federal and Texas law, marijuana is defined as cannabis with more than 0.3% Delta-9 THC by dry weight.
• Any cannabis exceeding that threshold is classified as an illegal drug in Texas.

2. But Delta-9 THC was allowed in hemp products below the 0.3% limit

• Thanks to the 2018 federal Farm Bill and Texas’s 2019 hemp law, “hemp” was legalized as long as it contains <0.3% Delta-9 THC by dry weight.
• That’s a concentration rule, not a total-content rule, so in edibles, manufacturers could pack in large total amounts of THC by using enough volume, even if the concentration was compliant.

Why THCa Was Not Prohibited

THCa = Not Psychoactive (until heated)

• THCa is the raw, non-intoxicating precursor to THC. When you heat THCa (by smoking, vaping, or baking), it converts into Delta-9 THC through decarboxylation.
• Legally, THCa wasn’t banned because it doesn’t get you high in its raw form.

The Loophole

• Texas law (like federal law) only tested products for their Delta-9 THC levels, not the THCa content or the potential Delta-9 yield after heating.
• This allowed a booming market for THCa-rich products, which are functionally the same as marijuana once you smoke or cook them—but legally different.

What is the Availability of THC Products Until The Bill Becomes Law?

Until SB-3 becomes law and its provisions take effect in September, hemp-derived THC products remain legally available in Texas. However, once enacted, the law will ban all consumable hemp products containing any detectable amount of THC, including Delta-8, Delta-9, THCa, and other variants.

Can You Legally Buy Firearms While Using Federally Legal Hemp Products?

The problem isn’t about what’s legal to buy—it’s about what makes you an “unlawful user of a controlled substance” under federal law.

The Federal Law (Gun Control Act of 1968) says:

“It shall be unlawful for any person… who is an unlawful user of or addicted to any controlled substance… to possess any firearm or ammunition.”

The key point is the law doesn’t care whether the substance is state-legal—only if it’s a federally controlled substance. CBD and hemp products derived from legal hemp (≤ 0.3% Delta-9 THC) are not Schedule I controlled substances, per the 2018 Farm Bill. So, if your product complies with federal hemp law, and contains only trace THC, you are not automatically considered an “unlawful user.” And, if you are not under the influence of federally illegal THC (like Delta-9 above 0.3%, or Delta-8 derived synthetically), then you are not banned from possessing firearms under federal law.

BUT: Here’s where it gets messy:

1. “Unlawful user” is vaguely defined

• There’s no clear legal definition of what “unlawful user” means in terms of frequency, dosage, or timing.
• If you’re using non-compliant THC products, or your use causes you to fail a drug test, the ATF may argue you’re an “unlawful user.”

2. Delta-8, THCa, and synthetic cannabinoids could be Schedule I

• Even if legal in Texas (for now), the DEA considers many synthetic or non-Delta-9 cannabinoids to be controlled substances.
• This creates legal risk if you’re using these while possessing firearms. Even patients in legal states are federally barred from gun ownership due to marijuana still being Schedule I.

Can You Test Positive for Marijuana on a Drug Test After Using Hemp THC Products?

Yes, you absolutely can test positive for marijuana on a drug test even if you’re only using legal hemp-derived products with less than 0.3% Delta-9 THC. Let me walk you through why this happens.

1. Most tests detect THC metabolites, not THC itself

• Urine tests screen for THC-COOH, a metabolite your body produces after breaking down any THC—regardless of the source.
• So if your hemp gummies, vapes, or tinctures contain even 0.3% THC, repeated or high-dose use can accumulate enough to trigger a positive result.

2. The test doesn’t care if it’s “hemp” or “marijuana”

• A standard 50 ng/mL cutoff for THC-COOH is used by most labs.
• This threshold is easily exceeded by regular use of hemp-derived products with legal THC content—especially edibles, which are metabolized differently.

Research Evidence

• A 2020 study in JAMA Psychiatry found that people using full-spectrum CBD products with 0.3% THC tested positive after 4–7 days of consistent use.
• A 2022 study published in Clinical Chemistry found detectable THC metabolites up to 30 days later for chronic users of legal hemp-derived Delta-8 or full-spectrum CBD.

Conclusion

Legal does not mean undetectable. If your job, security clearance, parole, or gun rights depend on passing a drug test, you should avoid even legal hemp products that contain any THC, unless you’re 100% sure they’ve been properly refined and labeled.