HB 256 and the Criminalization of Youth
In what feels like a legislative magic trick gone wrong—now you see them, now you don’t!—the Texas Legislature is once again trying to regulate the hemp industry… while simultaneously not having enough members in the building to legally do anything at all. And yet, two wildly different bills have somehow emerged from this disappearing act, revealing exactly who’s pulling the strings—and who’s being sawed in half.
A Hammer for a Scalpel: HB 256 and the Criminalization of Youth
Filed by Rep. Charlie Geren (R-Fort Worth), House Bill 256 appears to be the House leadership’s attempt at a narrow compromise—a bill designed to address Lt. Governor Dan Patrick’s public safety messaging without going so far as to criminalize the industry itself.
At first glance, it’s a tactical retreat from full prohibition. But in practice, HB 256 imposes sweeping and punitive restrictions that would criminalize basic adult behavior. The bill raises the age to 21 for any sale, purchase, or even presence on the premises of a retailer selling consumable hemp products. It creates Class A misdemeanor penalties for retailers and Class C misdemeanors for minors who purchase or attempt to purchase—complete with driver’s license suspensions, mandatory community service, and jail time for repeat offenders.
In substance, HB 256 copies the criminal statutes governing tobacco, but it goes a step further by criminalizing mere proximity: if you’re 20 and walk into a shop that sells delta-8 gummies or CBD beverages, you’re breaking the law. If you’re 18 and want to work at your family’s hemp store? Sorry—unless it’s your parents’ store and you’re under constant supervision, you’re barred from employment altogether.
The message is clear: we won’t ban it—but we’ll make it nearly impossible to operate around it. While Geren is a respected member of the House with deep institutional ties, there’s little question this bill reflects a broader political strategy, not personal zeal. It’s a way to throw the Senate a bone without endorsing full-scale prohibition—an attempt to appear responsive to Patrick’s rhetoric while keeping the House from walking off a political cliff.
But make no mistake: this is not regulation. It’s criminalization by another name.
SB 53: A Bureaucrat’s Dream, A Retailer’s Nightmare
On the opposite end of the Capitol, Sen. Nathan Johnson (D-Dallas) has filed SB 53, a sprawling reimagination of hemp regulation that signals both hope and hazard. On paper, the bill offers what the industry has long needed: a comprehensive, coherent regulatory framework that recognizes the unique challenges of cannabinoids, particularly when consumed as beverages or intoxicating products.
But like all omnibus legislation, the devil is in the details.
SB 53 proposes creating a new state agency—a regulatory body separate from both the Department of State Health Services and the Department of Agriculture. Modeled in part on the Alcoholic Beverage Commission, this agency would license and oversee retailers, processors,
While the bill introduces added costs and compliance burdens, it also reflects deep engagement with stakeholders who’ve long demanded a seat at the regulatory table. Among those quietly shaping its contours are CRAFT co-founder Rhiannon Yard and industry compliance expert Chasity Wedgewood, who have worked tirelessly to ensure that any new system protects both public safety and the survival of lawful hemp businesses.
Their influence shows. SB 53 acknowledges the existence and growing popularity of hemp-derived beverages, an area regulators have historically ignored or misunderstood. It also seeks to professionalize the market—requiring operator training, product testing, and transparent labeling—all longstanding priorities of CRAFT and its partners.
Still, there are risks. Without strong safeguards against monopolization, SB 53 could become a Trojan horse for corporate consolidation, enabling large alcohol distributors or vertically integrated cannabis players to squeeze out smaller Texas-based operators. Licensing schemes that mimic the liquor industry often come with high barriers to entry, burdensome fees, and political gatekeeping. If passed without amendment, SB 53 may serve the interests of well-funded players at the expense of the local shops and family businesses that helped legal hemp take root in Texas.
Caught in a Clock That Isn’t Ticking
Here’s the wrinkle: none of this may happen anytime soon.
Thanks to a House walkout over unrelated legislation, the first special session has been paralyzed by a quorum break. The Senate has passed its priorities—including the unconstitutional ban that was SB 3—but the House can’t legally conduct business until a quorum is restored.
What does that mean for HB 256 and SB 53? For now, they’re frozen—not dead, but not moving either. And with Lt. Governor Dan Patrick threatening multiple special sessions until he gets his wish list passed, we could see these bills resurface in a second, third, or even fourth called session.
The policy fight is far from over. In fact, it hasn’t truly begun.
The Stakes Are Clear
Together, HB 256 and SB 53 present a vivid contrast. One is a political maneuver wrapped in moral panic, criminalizing young adults and choking off employment opportunities. The other is a blueprint for legitimacy, but one that could still choke innovation if its administrative scope is allowed to balloon unchecked.
We need smart regulation, not prohibition in disguise. That means:
- Age-gating products with POS scanning, not blanket bans.
- Supporting third-party lab verification, not relying on faulty enforcement labs like Armstrong.
- Creating clear rules and licensing paths, not criminal penalties for retail clerks.
And we need regulators and legislators who listen to those with real-world experience, like Yard and Wedgewood, who have logged more hours building compliance systems than most lawmakers have spent reading the bill text.
The future of Texas hemp is still unwritten. But if these two bills are any indication, we’d better make sure the next chapter isn’t written by people who don’t understand the story.
