When Lt. Governor Dan Patrick announced Senate Bill 3 to ban all forms of THC in Texas, he drew from a familiar political playbook. His declaration that “thousands of stores have opened to sell all types of dangerous products with unlimited THC” echoes rhetoric used to justify cannabis prohibition in the 1930s, when claims about “reefer madness” helped drive federal policy.
The Texas Hemp Federation, through Executive Director Jay Maguire, responded: “The Lt. Governor’s characterization ignores basic facts about our industry. Legal hemp businesses employing thousands of Texans are providing safe, tested products while generating over a billion dollars in tax revenue. This isn’t about public safety – it’s about politics.”
Patrick’s announcement comes as multiple studies show regulated hemp markets reduce illegal sales and provide safer alternatives for consumers. States with strict regulation rather than prohibition consistently report better outcomes for both public health and law enforcement resources.
The timing is particularly notable given recent challenges to the “tough on drugs” political narrative. As more states move toward regulated markets, evidence continues to mount that prohibition creates more problems than it solves. Even traditionally conservative states have begun embracing hemp’s economic benefits while implementing sensible regulations.
Law enforcement perspectives have also evolved. Many departments now prefer focusing resources on actually dangerous substances rather than hemp products. Some Texas police chiefs have publicly stated that regulated hemp markets make their jobs easier by clearly distinguishing legal from illegal products.
The economic stakes are substantial. Beyond direct revenue and employment, Texas’ hemp industry supports numerous ancillary businesses from agriculture to retail. Local communities across the state have come to depend on hemp-related commerce and tax revenue for essential services.
“History teaches us that prohibition doesn’t eliminate demand – it just drives markets underground,” notes the Federation’s statement. “We’ve built a transparent, regulated industry that protects consumers and supports communities. Dismantling it would only benefit illegal operators.”
The proposed ban faces several hurdles, including potential federal preemption under the Farm Bill and likely legal challenges from affected businesses. Previous attempts at administrative prohibition have already been blocked by Texas courts.
For now, the industry continues operating under existing regulations while preparing for what promises to be a defining legislative battle. The outcome may well determine whether Texas embraces evidence-based policy or returns to failed strategies of the past.
[Note: This article represents ongoing coverage. The Texas Hemp Reporter will continue following developments as this story unfolds.]
For nearly a year, Hunter Robinson had felony drug charges looming over him after he says he grew hemp legally in Navarro County.
“It’s been quite rough on my family, myself, everything. You name it — it’s impacted me. It’s been terrible,” he said.
Robinson, a 27-year-old disabled U.S. Navy veteran who said he greatly benefitted from using CBD products, received a hemp producer license from the Texas Department of Agriculture (TDA) in 2021. He and his business partner, 28-year-old Skyler Purcell, said compliance was at the top of their priority list when they launched Sky & Hobbs Organics, LLC with the intention of producing CBD flower and oil.
“We spent hours upon hours going through every single genetic variety that was on the TDA’s approved variety list,” Robinson said.
Rather than selecting the coolest-looking varieties or strands with the catchiest names, the pair said they picked the lowest testing varieties they could get their hands on. Each time the TDA tested samples of Sky & Hobbs’ products, they passed all criteria.
“All of our product had already been tested previously and deemed by the state of Texas and Texas Department of Agriculture as approved, compliant hemp.” Purcell said. Purcell, who was a 50% co-owner of the business, was never charged with a crime.
“They were trying to produce the best legal quality product they could find, and they took extraordinary steps to do that,” defense attorney David Sergi said.
Robinson and Purcell said they were stunned when their indoor growing facility was raided on June 10, 2021, by the Navarro County Sherriff’s Department, which had a search warrant signed by Navarro County District Judge James E. Lagomarsino. When nobody answered the door, officers used forced entry and seized three product varieties.
Robinson and Purcell said they provided the officers on scene with documentation that proved they were operating a legal business, but that didn’t stop them. For more than two months, the property remained an active crime scene that Robinson and Purcell were not allowed to access.
Law enforcement officers returned to Sky & Hobbs Organics on Aug. 25 with an arrest warrant for Robinson — also signed by Judge Lagomarsino — that alleged he knowingly and intentionally possessed “a usable quantity of marijuana against the peace and dignity of the state.” According to the sheriff’s office, two of the company’s samples contained 0.378% and 0.468% of delta-9 THC by dry weight, which is over the legal limit of .3%.
Robinson was arrested and charged with felony posession of marijuana. He spent 30 hours in jail before bonding out.
The Texas Hemp Program was launched after the U.S. Farm Bill legalized the cultivation of cannabis in 2018. According to the law, if the THC level falls above 0.3% but below 1%, the crop must be destroyed. If a product tests for higher than 1% THC levels, the grower can be cited with negligence by the TDA. If the TDA determines that a grower deliberately produced a crop with 1% of THC or higher, they can face criminal charges. This provision allows for natural variations in THC levels, Sergi said.
“From our point of view, the product was within legal limits and all the testing showed that it was under .03% Delta-9 THC, and at worst there is a reason why there is a negligence factor built into the code, and this is exactly where this falls in,” Sergi said.
The legal battle ahead
In May, the state dismissed the case against Robinson, stating there was not enough evidence to prove he was in possession of marijuana.
“I’m on cloud 9. I’m celebrating every day,” Robinson said. “I’m at work, and I’m celebrating. I’m outside last night, it’s getting reaedy to pour down, the wind is coming through … a storm is coming through, and I’m outside with a cigar and a glass of whiskey just celebrating. I mean, it’s been a year. We’ve been dealing with this for so long.”
Currently, Purcell and Robinson are asking for the public’s help to raise funds for their ongoing legal costs. Those who want to contribute can visit texashempfederation.com and click on the “Donate” button on the home page.
According to Jay Maguire, executive director of the Texas Hemp Federation, everything the organization raises will support this cause until their goal is met.
“We just want everyone involved in this industry to understand what’s taking place is possible, and if they see this as a problem, hopefully they would feel how we’re feeling and contribute,” Robinson said.
People can also help by sharing the story to raise awareness about the fact that — while hemp farming is legal in Texas with the proper licensure — there is an apparent disconnect when it comes to educating jurisdictions about hemp farming laws.
“The Sky and Hobbs case also points to a deficiency in Texas regulations about how to even out, or remediate a crop, which can vary in THC levels from plant to plant,” Maguire said. “It’s a bit like blending different varietals of wine.”
According to the U.S. Department of Agriculture, remediation can be achieved by separating and destroying non-compliant flowers while retaining stalks, leaves, and seeds, or by shredding the entire hemp plant to create a homogenous biomass that can be retested for THC compliance. So, even if one batch is a bit over the limit, by mixing it in with lower-THC, compliant biomass, the resulting batch would fall at or below the legal limit.
“My understanding is police here simply took samples from plants that weren’t even in the stream of commerce yet, and which could have been remediated or destroyed according to the current regulations,” Maguire said.
Also questionable, Purcell said, is the fact that the Navarro County Sherriff’s Office never filed an administrative report about the incident with the TDA as protocol states.
“Before there’s any accountability you have to go through the steps,” Sergi said.
Shattered dreams
As childhood friends, Robinson and Purcell dreamed of one day starting a business venture together.
“We wanted to do the right business at the right time and take advantage of a situation,” Robinson said. “We realized that cannabis was coming sooner rather than later and that hemp was the starting point.”
Robinson and Purcell invested $75,000-$100,000 into Sky & Hobbs Organics and continued working full-time jobs while pouring a majority of their spare time into the business.
“We wanted to be able to say we were producing the cleanest, the best legal product that Texas had to offer. Every dollar we got went back into our business. In our five-year plan, me and Sky weren’t going to be taking any money for a long time,” Robinson said.
Now, rather than building a lucrative revenue stream, Robinson and Purcell are scrambling to get back on track financially.
“We had to close our business, our business account, our website,” Robinson said. “We’ve relaunched our website and we’re actually going to start doing stickers and see if people are willing to do a $5 donation for a sticker.”
Throughout the process, Robinson said he feared what a felony conviction would interfere with his job as a mechanical engineer. He also relocated to be closer to his wife’s family so she and their children will have support in case anything happened to him. In addition, both men say they are devastated about what’s been lost.
“We put everything into this — life savings. I’ll never get that time back. We were doing it with something in mind. We wanted to build something for our families, and it’s a shame that there are no protections for us. I have contacted the TDA. There’s no one to help us.”
Robinson and Purcell both say they were robbed of a chance a pursuing the American dream.
“And not only that, I got taken to jail for following the American dream,” Robinson said. “I loved doing what we were doing, but the only way I would ever participate in this industry again is if I knew that the state or the feds would protect the people participating in this legally.”
This year has been a wild ride for hemp, and cannabis in general in Texas and it’s not going to stop for a single moment.
Our 2021 year started off with a legislature that filed quite a few cannabis related bills in the House. Penalty reduction, medical cannabis, a hemp cleanup bill were the primary topics being pushed in the 87th regular session. Texas saw weak advancement on medical progress for cannabis, no penalty reduction measures signed off because of the desire to include delta-8 language, and the hemp cleanup bill failed for the exact same reason with even more debate on that delta-8 issue.
A committee hearing saw licensed hemp agencies and advocacy groups compared to cartels during hearings. Groups were visiting offices to prevent language designed to block delta-8 from inadvertently destroying the rest of the hemp market. And DSHS testified that they were under the presumption that delta-8 was illegal regardless of what the legislature did with the cleanup bill. Delta-8 was clearly all over the place and on most of the industry’s minds.
The majority of the industry moved forward after the regular session under the presumption that delta-8 avoided a death blow. Others had seen that DSHS was making their claim in the Senate committee hearing because they had held a hearing on the topic and practically nobody knew that it happened. That meeting was to review the controlled substances schedule of Texas to oppose the carved out exemptions. Their results were something that most industry talking heads and experts said, “flipped the definition of hemp on its head.”
There is definitely a problem with delta-8 in the industry and it’s not delta-8 itself that is the problem. Delta-8 is a result of failing to pass proper cannabis regulations while passing a hemp program with no cleanup bills federally or on a state level to address gaps in that program. Itself on its own is not a reason for danger. People creating products that they claim are delta-8, that are really delta-9 are an issue.
Think they aren’t? Wait until you have to be in front of a judge arguing that you were arrested for something that isn’t what is on the label and what was in the bottle is illegal in Texas, all while you can’t get a lawyer because it’s too expensive. People creating products that have byproducts in their extracts that are not conducive to healthy human living are also a problem. A CBD Oracle Lab Study article showed some Delta-8 products are 7700% over the legal delta-9 THC limit. That last sentence, google it and have your mind blown if you didn’t already know this.
Then the icing on the cake of these issues are lab results that have been falsified possibly by the product manufactures or another party down the line after lab tests were done. Products with metals in the original testing being eradicated from the lab result altogether, along with delta-9 thc being relabeled as delta-8 or completely removed from the results as well.Retailers using one lab COA for all of their products they ship and sell over the counter is another issue. A brownie should have its own COA, a gummy should have it’s own, and a tincture should have one as well that isn’t the same COA as the hemp product placed in the item. The item itself needs a COA, not just the substance infused into the product.
This still isn’t a need to remove delta-8 or any other THC isomer from the market. Removing it from the market is a knee jerk reaction, and one that shows no true thought was put into the decision. Elected officials can claim they have put lots of thought into this, but what does it mean if their thoughts are put aside for a few higher up figures, instead of representing their constituents?
What should the state of Texas do to set an example on how to wrangle this issue? Should we have labs that are audited by the state to ensure testing is done properly? Should we ensure that any product that is placed out for retail has a lab result from a Texas lab before it can be placed on shelves or sold to Texans if they have a physical location in state (we cannot do that to a product just passing through the state, as that would likely violate interstate commerce laws)? Should QR codes lead to a website presented database that is operated by the lab instead of the retailer or the wholesaler? How many counterfeit products could be weeded out of online systems and retail shelves that plan to sell to Texas residents?
This next legislative session we can expect to see varied interests coming out on all sides, including medical marijuana that are going to have input about this, and the hemp industry needs to be ready with answers and be ready to fight for their products. We are all in this together and we all need to push the industry forward together in a healthy and responsible fashion if we want this to work.
