LUBBOCK, Texas (KXXV) — Six years ago, Texas lawmakers opened a door to a new lifeline for farmers: growing hemp. Farmers invested time, money and land into growing the drought-resistant crop and developing the state’s budding hemp industry.
The same lawmakers are now slamming the door shut. All products containing tetrahydrocannabinol, or THC, could soon be banned in Texas. As a result, farmers are bracing for impact as they wait to go out of business.
“We wouldn’t be in the hemp business in a million years if they hadn’t passed that bill,” said Ann Gauger, co-owner of Caprock Family Farms in Lubbock. “Now we’re one of the largest hemp producers in the U.S., and their ban is going to shut that down.”
The Texas hemp industry, in its current form, has effectively been handed a death sentence with the upcoming passage of Senate Bill 3, authored by Lubbock Republican Sen. Charles Perry. On Sunday, the Legislature sent the bill, which bans consumable hemp products that contain even trace amounts of THC, to Gov. Greg Abbott's desk. However, hemp can’t be produced without traces of THC, farmers say, regardless of the product.
The plant has been a target for lawmakers since the start of the legislative session, with the charge led by Lt. Gov. Dan Patrick. Patrick pulled out all the stops to make the ban pass, including with surprise visits to dispensaries in Austin and vows for a special session if it failed. Patrick and Perry say the hemp industry exploited a loophole in the bill that did not establish a threshold for hemp derivatives, other than delta-9 THC.
Texas Agriculture Commissioner Sid Miller has also walked back his opposition to an outright ban on THC, now aligning with Patrick’s position. He deleted a post on X where he called the THC ban a “sledgehammer” to farmers, and now Miller said the bill will not be detrimental to farmers. Miller said the hemp industry will thrive as it’s moving toward producing industrial hemp, a fiber type of hemp that does not contain THC. It could be used in construction materials, rope and more. He said they never intended to have THC available across Texas, and called it a dangerous situation.
Caprock Family Farms shows their hemp farming operation, Friday, May 23, 2025, in Lubbock. The farm harvests 125 pounds of hemp every three months. Credit: Annie Rice for The Texas Tribune
Brett Gauger touches the leaf of a hemp plant at Caprock Family Farms, Friday, May 23, 2025, in Lubbock. The farm grows hemp, cotton, peanuts and wheat. Credit: Annie Rice for The Texas Tribune
First: Caprock Family Farms staff members provide a tour of their hemp farming facility in Lubbock. Last: Brett Gauger touches the leaf of a hemp plant. The farm started growing hemp in 2019 after the state Legislature passed a bill legalizing consumable hemp. Credit: Annie Rice for The Texas Tribune
From left to right: Ann Gauger, Keil Gauger, Great Gauger and Zach Gauger stand inside their indoor hemp farm at Caprock Family Farms. In addition to hemp, the farm also grows cotton, peanuts and wheat. Credit: Annie Rice for The Texas Tribune
“This just puts us back to where we started,” Miller told The Texas Tribune. “It’s going to be detrimental to a lot of businesses that have opened their business model on selling THC products. Those businesses will have to shut.”
In lawmakers’ pursuit of a ban, growers like Gauger were caught in the crosshairs. Gauger, who runs the business with her husband and two sons, felt ignored by most of the Legislature. Gauger says they did everything they could to get lawmakers to hear them over the last few months and testified to the House committee overseeing the bill. It did not work.
“Charles Perry says he has an open door policy. That is an absolute lie,” Gauger said. “We live in his district, and he will not see us. We’ve gone to his office in Austin, but he refuses to see us.”
Gauger said House Speaker Dustin Burrows, R-Lubbock, and his team were the only ones to speak with the family. Kyle Bingham is another frustrated hemp grower in the South Plains that took a chance on growing the crop. Bingham, who is also president of the Texas Hemp Growers Association, called the bill overreaching and unenforceable. He also said lawmakers involved in writing the bill ignored farmers during the process. Bingham is one of Perry’s constituents.
“We were left out of this conversation,” Bingham said. “Yes, you can go to public hearings, but not having a lot of say and being stonewalled out of the initial bills was frustrating.”
Throughout the session, Patrick has rallied against THC products, saying the products put children in danger. Gauger acknowledges there are bad actors in the industry, but says the bill will have a ripple effect. The industry also includes manufacturers, hemp processors, and people to run extractors.
“Throw the low lifes in jail if you want to stop the bad actors,” Gauger said. “But don’t take out the American farmers. Don’t take out the ag producers.”
Under the legislation, adults would face up to a year in jail for possessing hemp products with any amount of THC in it. This has put a stop to all of Gauger’s plans — the family farm was set to plant a large project that would produce 20 million pounds of CBD biomass. Since CBD is produced from hemp seeds, Gauger is worried she would be breaking the law. It wouldn’t be ready for harvest until October, a month after the law goes into effect.
Employees trim leaves off a hemp flower at Caprock Family Farms. The facility harvests 125 pounds of hemp every three months. Credit: Annie Rice for The Texas Tribune
CBD body butter is seen at Caprock Family Farms, Friday, May 23, 2025, in Lubbock. The farm sells product to businesses across the country. Credit: Annie Rice for The Texas Tribune
Ann Gauger looks at a hemp flower at Caprock Family Farms, Friday, May 23, 2025, in Lubbock. “How is our farming legacy going to be passed on to future generations without learning something new,” Gauger says. Credit: Annie Rice for The Texas Tribune
First: Caprock Family Farms produces CBD body butter and sells its products to businesses across the country. Second: Ann Gauger looks at a hemp flower. “Agriculture is changing and the new age of agriculture has to be cutting edge,” Gauger says. Credit: Annie Rice for The Texas Tribune
“We would be felons if we planted that,” Gauger said. “The land’s already been prepped, herbicides already put out. Once you do that, you can’t plant anything else on that land for the season.”
Bingham is in a similar position. He uses about 5% of his 2,000-acre farm for hemp, but he saw it as a good alternative in the drought-ridden region. Now, he says he has to walk away from his investment if it’s illegal to possess any detectable amounts of THC in the field.
“At this point, they’re threatening a felony so I’m out,” Bingham said. “I’m not risking a felony over this, and I think most farmers in Texas will stop growing too.”
Bingham said he’s now considering what to do in September when the bill is slated to go into effect. Any products he still has with THC will either have to be sold by then or he will be burning it. He’s going to focus more on cotton and wheat, even though he wanted hemp to be in their rotation of crops.
Gauger is expecting a downfall for the hemp industry across Texas. Just like growers have to consider the legal consequences, the same applies for retailers and grocery stores that sell consumable hemp products. This includes hemp hearts, hemp seed oil, and even some big brands with hemp in their products.
Perry’s team did not respond to a request to comment.
First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Correction, May 27, 2025 at 11:35 a.m.: This article previously stated that KIND bars have products containing hemp seeds. Those products have been discontinued.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/05/26/texas-hemp-thc-ban-farmer/.
The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.
