Texas Marijuana Bills Are Already Filed, But Where Are the Hemp and THCA Bills? Colton Luther Sounds the Alarm

AUSTIN, Texas | November 10, 2026 — Texas lawmakers have wasted little time introducing marijuana legalization legislation ahead of the state’s 90th legislative session. But just one day after bill prefiling began, a significant question is emerging for Texas’ hemp industry: Where are the bills protecting hemp businesses, THCA products and consumer access?

As of November 10, legislative tracking reviewed by CannaWize has identified no dedicated proposal establishing a new regulatory framework for consumable hemp-derived THC or THCA products. Meanwhile, multiple marijuana legalization bills have already been filed.

The contrast caught the attention of Texas hemp farmer and industry advocate Colton Luther, who recently issued a warning through his Instagram account, @lutherfortexas. In a video discussing the growing divide between marijuana legislation and hemp policy, Luther emphasized the urgency of organizing and advancing legislation: “We should be writing bills and lobbying already...”

His message comes at a critical moment for a hemp industry that has spent much of the past two years battling proposed restrictions, regulatory changes and uncertainty surrounding the legality of popular products.

Marijuana Legalization Is Moving. Hemp Legislation Has Yet to Follow.

Bill prefiling for the 90th Texas Legislature officially opened November 9, 2026. Within the first day, Democratic lawmakers introduced several cannabis-related measures:

These proposals could fundamentally change marijuana policy in Texas if enacted. However, none is a dedicated bill designed to establish rules for Texas’ existing consumable hemp and THCA marketplace. For the details of each, see our report on the first 2027 cannabis bills.

Other cannabis-related filings include provisions mentioning hemp, such as the employment protections in HB 507. That is different from legislation directly addressing hemp product definitions, testing, retail licensing, THCA flower or the regulatory future of hemp-derived THC. For hemp business owners, the distinction matters: legalizing marijuana and protecting the existing hemp industry are not necessarily the same legislative objective.

Colton Luther: “Marijuana Is Not Our Friend”

Luther’s recent comments illustrate growing concern about treating marijuana legalization and hemp industry protection as interchangeable goals. In the social media video, he delivered an unmistakable warning: “Marijuana is not our friend.” He followed with another message: “Keep your eyes and ears open people.”

The statements highlight a policy divide that could shape the coming legislative session. Texas’ hemp market developed under a different legal framework than state-regulated medical or recreational marijuana programs. Hemp businesses have operated through a comparatively accessible marketplace, while many state marijuana legalization proposals envision licensed cultivation, distribution and retail systems. Depending on how future legislation is written, those frameworks could coexist, compete or impose substantially different regulatory requirements on businesses.

A marijuana legalization bill does not automatically preserve access to THCA flower, hemp-derived THC products or the independent retailers currently serving those markets. That is the central concern behind Luther’s warning.

Why the Absence of a Hemp Bill Matters

For Texas hemp retailers, manufacturers, farmers and consumers, the upcoming legislative session offers an opportunity to address several unresolved policy questions:

• Will Texas adopt a workable legal definition for THCA flower?
• Can lawmakers create clear testing and labeling standards without effectively eliminating existing product categories?
• Will independent hemp retailers have a viable path to operate under future regulations?
• Can consumer protections be established without concentrating the market among a limited number of marijuana license holders?

These issues are especially significant following Texas’ contentious 2025 hemp debate and subsequent regulatory changes. Luther has previously participated in those policy discussions, including advocating against restrictions that threaten the market supporting Texas hemp farmers. His latest message suggests that industry participants cannot afford to assume marijuana reform will resolve the separate challenges confronting hemp. For where the current rules stand, see our guide to what is legal after December 11.

A Changing Political Landscape Creates an Opportunity

The November 3, 2026 election reshaped Texas politics, including the defeat of Lt. Gov. Dan Patrick and the election of Vikki Goodwin, as covered in our election results report. The Texas Hemp Business Council characterized the election results as an opportunity to pursue regulation rather than prohibition and strengthen relationships with incoming state leadership.

For hemp advocates, that change may create an opening for legislation addressing product safety, business protections and consumer access. But a more favorable political environment does not guarantee favorable legislation. A proposal still must be written, filed, referred to committee and approved through the legislative process. Luther’s call for immediate lobbying and bill drafting underscores why the months before the legislative session could be as important as the session itself.

The Clock Is Already Running

The absence of a dedicated hemp or THCA regulatory proposal in the opening filings does not mean one will never arrive. It does, however, reveal a difference in early legislative activity. Marijuana legalization advocates already have concrete proposals available for lawmakers and the public to evaluate. Hemp advocates seeking specific changes to Texas’ consumable hemp rules still need legislation capable of addressing those priorities. The coming weeks will help determine whether those interests receive a dedicated legislative framework or remain dependent on broader cannabis proposals and existing regulatory disputes.

What Happens Next for Texas Hemp and THCA?

The next major development to watch is whether a Texas lawmaker files legislation specifically addressing the state’s hemp-derived cannabinoid marketplace. Such a proposal could address THCA flower, consumable hemp testing, product standards, age restrictions, retail licensing and the relationship between state and federal hemp definitions.

Until that happens, consumers and business owners should avoid interpreting marijuana legalization proposals as guarantees that existing hemp products or businesses will be protected. Luther’s warning is a reminder that the hemp and marijuana industries may share a plant, but their legislative priorities are not always identical.

With the 2027 session approaching, the critical question is no longer simply whether Texas lawmakers will introduce cannabis legislation. It is whether anyone will introduce legislation specifically designed to protect and regulate the Texas hemp industry. To find and contact your own state representative and senator, use the Texas Cannabis Action Center, and see our 2027 session guide for how to follow a bill. CannaWize will continue monitoring bill filings for the 90th Texas Legislature, including proposed changes to hemp, THCA, marijuana legalization and consumer access.