Texas Lawmakers Say Cannabis Industry is Here to Stay

Lawmakers and industry leaders discuss the future of the cannabis market in Texas.

Jan. 31, 2026 at 5:31pm

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Texas lawmakers and cannabis industry leaders gathered this week in Austin to discuss the future of the cannabis market in the state. Despite efforts to ban consumable hemp products, lawmakers say the industry is here to stay and they need to find a way to safely and responsibly regulate it. State Sen. Nathan Johnson and Rep. Drew Darby said the attempted ban opened their eyes to how passionate Texans are about these products, and now it's time to move forward with regulation rather than prohibition.

Why it matters

The cannabis industry in Texas has been in flux over the past year, with the state legislature expanding the medical cannabis program only to later ban all THC products, before the governor vetoed that ban. This has left regulators scrambling to develop rules and regulations for the industry, which spans a wide range of retailers from smoke shops to online sellers. Lawmakers now recognize they need to take a more active role in shaping the future of cannabis in Texas.

The details

State agencies like the Texas Alcoholic Beverage Commission and the Department of State Health Services are working on industry rules and regulations, such as banning sales to those under 21. However, the proposed rules have drawn criticism from some in the industry who say they would shutter small businesses through overly burdensome regulation. Lawmakers acknowledge that regulation has fallen on the agencies due to the inability of the House and Senate to reach a compromise, and they want to be more involved in the process going forward.

  • In a span of a year, the Texas Legislature expanded the medical cannabis program, then banned all THC products, before the governor vetoed that ban.
  • Congress approved a nationwide ban on consumable hemp products that goes into effect in November 2026, though industry leaders believe Washington will reverse course.

The players

Nathan Johnson

A Democratic state senator from Dallas.

Drew Darby

A Republican state representative from San Angelo.

Greg Abbott

The governor of Texas who vetoed the ban on THC products.

Dan Patrick

The lieutenant governor of Texas who has been a strong supporter of banning consumable hemp products.

Heather Fazio

The director of the Texas Cannabis Policy Center, a nonprofit that advocates for greater access to cannabis and decriminalization.

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What they’re saying

“We almost have to take it on.”

— Drew Darby, State Representative (Texas Tribune)

“Texas is on a trajectory for providing safe and legal access for responsible adult use and continuing to build out access for patients who benefit from this medicine through the compassionate use program.”

— Heather Fazio, Director, Texas Cannabis Policy Center (Texas Tribune)

“No one, no one wants that — I don't want kids to have it. We want to be regulated.”

— Todd Harris, Co-owner, The Happy Cactus Apothecary (Texas Tribune)

What’s next

The two state agencies working on industry rules and regulations are expected to finalize their proposals in 2027, at which point the Texas Legislature will likely take a more active role in shaping the future of cannabis in the state.

The takeaway

The cannabis industry in Texas has been in a state of flux, but lawmakers now recognize that it is here to stay and they need to find a way to safely and responsibly regulate it. This will likely involve a more active role for the legislature in shaping the rules and regulations, rather than leaving it solely to state agencies.