Texas THC Showdown: What SB 5, SB 54, and HB 195 Could Mean for Galveston

Texas lawmakers are debating how to handle THC products. One camp backs a near-total ban on hemp-derived THC. Another proposes strict regulation and expungement paths for past offenses. A third proposal would legalize small amounts for adults. As of today, hemp is still legal in limited forms under Texas law, and smokable or edible products remain in a gray zone that could change fast. If you live in Galveston or you visit the island, the rules you rely on may shift with little notice, so plan carefully and avoid assumptions.

This post explains, in plain language, what each bill is aimed to do, what is legal today, and what to do if you are stopped or questioned. Zendeh Del & Associates PLLC serves people in Galveston and nearby areas and can help you understand your risks before a mistake turns into a criminal case.

Why This Is Happening

Texas opened the door to hemp with very low THC several years ago. Retailers grew quickly and many consumers turned to gummies, vapes, and beverages made with hemp-derived cannabinoids. State leaders raised public safety concerns, especially about youth access and potency labeling. That concern has now turned into competing legislative plans that would either ban or regulate these products, and a separate bill that would legalize small amounts for adults.

What SB 5 Tries to Do

SB 5 targets products that contain intoxicating cannabinoids. In plain terms, it would bar products with detectable THC content and create criminal penalties around possession and sale of hemp-derived THC. It is written broadly on purpose and would likely sweep in many common edibles and vapes that Texans currently see in shops. The goal is to eliminate intoxicating hemp products from the retail market statewide. If it becomes law, people who believed they were buying something legal could suddenly face criminal exposure for the same conduct.

What SB 54 Tries to Do

SB 54 takes the opposite route. It lays out a statewide system to license growers, manufacturers, testing facilities, retailers, and secure transporters. It also includes taxes, quality standards, labeling rules, and enforcement. A key piece is expungement for some past conduct that would no longer be a crime under the bill. If this passes, adult access would be controlled, testing and potency limits would be written into law, and cities could still play a role through local licensing.

What HB 195 Tries to Do

HB 195 would allow adults 21 and older to possess up to 2.5 ounces of marijuana and up to 15 grams of concentrates, permit gifting within limits, and allow storage of up to 10 ounces at home. This is the most permissive of the current proposals and would shift minor possession cases out of the criminal system and into a regulated model.

Where Things Stand Today

As of the date of this post, none of these proposals has been signed into law. Hemp products remain lawful only within narrow limits. Labels, potency, and how a product is marketed matter. Stores can change inventory quickly and so can enforcement priorities. People sometimes assume that a “CBD shop” means everything inside is lawful. That assumption can put you at risk.

Local Context for Galveston

Galveston draws weekend visitors, cruises, and big events. Extra enforcement often comes with those crowds. Police watch for signs of impairment and investigate odor, packaging, and statements during stops. Some people mix alcohol and THC and then drive, which increases the chance of a DWI arrest even when a breath test reads low or zero. The island’s bridges, causeways, and beach roads make traffic stops common. Plan your transportation before you consume anything that could impair you.

What a Ban Could Mean for You

If SB 5 passes, common purchases could become contraband overnight. That means:

• Buying or carrying hemp-derived edibles could lead to possession charges.
• Offering or gifting those items could be treated the same as distribution in some situations.
• A traffic stop that begins with speeding could expand into a drug investigation based on packaging, odor, or your statements.
• Mail-order purchases delivered to your home might still create risk if opened or found during a separate investigation.

What a Regulatory Bill Could Mean

If a regulatory framework like SB 54 passes, change will not be instant. Agencies would write rules, license labs and retailers, and set testing standards. Consumers would still need to check labels and buy only from licensed sources. Expungement is possible in a regulated model, but it is not automatic and usually requires steps and paperwork.

What a Legalization Bill Could Mean

If HB 195 or a similar bill becomes law, adults would gain clear possession limits. That does not remove risk for driving while intoxicated, public consumption where it is prohibited, or possession above the limits. Many people from outside Texas assume another state’s rules carry over when they visit the island. They do not.

What Is Legal Today in Simple Terms

• Hemp remains legal only within very low THC limits under state and federal law. Labels can be wrong and products may test differently than advertised.
• Police can and do investigate THC impairment when they suspect it, even without a high breath test.
• Consent to a search is still consent. You are allowed to ask if you are free to go and to decline a vehicle search. Be polite and brief.

How A Traffic Stop Can Turn Into A Search

A routine stop can expand fast. Officers may ask about what you have in the car, what you ate or drank, and where you are going. They may call for a K-9. Waiting for a drug dog on scene can raise legal issues, and timing matters. Our blog has covered case law on waiting for a drug dog at the roadside and when a stop must end. If you want to read how courts look at this, see our post on waiting for a drug dog at the scene and the limits on canine sniffs of a home’s porch. These rulings are useful because they explain what officers can and cannot do, and they show how small details change the outcome. Internal reading links: our analysis of waiting for a drug dog and our porch-sniff writeup are good places to start.

Texas law does not set a per-se THC level for DWI. Officers focus on driving behavior, appearance, speech, coordination, and statements. A blood test may be requested or sought by warrant. People who combine alcohol with gummies or vapes can appear impaired even with a modest breath result. During high-traffic events on the island, agencies sometimes announce no-refusal operations or emphasize blood testing. If you want historical context, our post on Galveston no-refusal weekends explains how those work.

Do Not Rely on Out-of-State Rules

If you have traveled to Colorado or another state with different laws, be careful not to import those expectations to Texas. We wrote about early changes in Colorado many years ago, and it shows how fast rules can diverge by state.

What to Do if You Are Stopped or Questioned

• Keep your license and insurance handy to reduce stress during the stop.
• You can say, “I choose not to answer questions.”
• You can say, “I do not consent to a search.”
• Ask if you are free to leave. If the officer says yes, leave calmly and safely.
• Do not argue on the roadside. If you are arrested, say you want a lawyer and stop talking.

If you face a DWI or drug stop, these two analyses explain how courts review the details: • No reasonable suspicion for a DWI stop
• When a delayed detention for a dog sniff becomes unreasonable

What Happens Next at the Capitol

Texas leaders are still divided on whether to ban or regulate intoxicating hemp products. One recent Senate vote favored a broad ban, and a separate package would regulate and decriminalize parts of the market with testing and licensing. Another proposal would legalize limited personal possession for adults. The details could change again in a future session or through agency rulemaking. The bottom line for Galveston residents is simple: check the date of any article you read, read labels carefully, and do not drive if you feel the effects of any substance.

How Zendeh Del & Associates PLLC can help

If you have questions about THC, hemp products, or a recent stop on the causeway, get clear answers before you face court. Zendeh Del & Associates PLLC counsels clients throughout Galveston County on DWI, drug possession, and search issues, and we stay current on the rules so you can make smart choices. For timely updates and practical guides, check our blogs and reach out to talk with a lawyer.