Ann Gauger stands inside one of Caprock Family Farms’ hemp‑growing rooms in Lubbock. She wonders how the family’s farming legacy can survive without embracing new crops.
Annie Rice /Texas Tribune contributor
LUBBOCK — Six years ago, Texas legislators created an opportunity for farmers by legalizing hemp cultivation. Growers poured capital, labor, and acreage into the drought‑tolerant plant, hoping to nurture a fledgling hemp sector.
Those same lawmakers are now moving to close that opening. A proposed ban would outlaw any product containing THC, putting Texas hemp farmers on the brink of losing their livelihoods.
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“If it weren’t for that earlier legislation, we never would have entered the hemp market,” Ann Gauger, co‑owner of Caprock Family Farms in Lubbock, said. “Today we rank among the nation’s top hemp growers, and the pending ban threatens to erase that progress.”
The current Texas hemp market faces a possible collapse as Senate Bill 3, sponsored by Lubbock Republican Senator Charles Perry, heads to Governor Greg Abbott’s desk. The legislation would prohibit any consumable hemp product with detectable THC, a threshold that growers argue is impossible to meet because the plant naturally produces minute amounts of the compound.
Brett Gauger examines a hemp leaf at Caprock Family Farms. The operation began cultivating hemp in 2019 after state lawmakers approved consumable hemp.
Annie Rice /Texas Tribune contributor
Since the session began, hemp has been in the crosshairs of lawmakers, spearheaded by Lieutenant Governor Dan Patrick. Patrick arranged surprise inspections of Austin dispensaries and promised a special session if needed, arguing that the bill’s lack of a THC threshold for hemp derivatives—aside from delta‑9 THC—allowed the industry to slip through a loophole.
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‘Returning to Square One’
Texas Agriculture Commissioner Sid Miller, who once resisted an outright THC ban, has shifted to support Patrick’s stance. After removing a post on X that labeled the ban a “sledgehammer” for farmers, Miller now argues the legislation will not hurt growers and predicts the sector will prosper by focusing on industrial hemp.
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Industrial hemp, the fibrous variety of the plant, is commonly used in building materials, rope, and similar products. By legal definition, it may contain no more than 0.3 % THC on a dry‑weight basis and does not produce psychoactive effects.
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From left: Ann Gauger, Keil Gauger, Great Gauger, and Zach Gauger pose inside Caprock Family Farms’ indoor hemp facility. Besides hemp, the operation also cultivates cotton, peanuts, and wheat.
Annie Rice /Texas Tribune contributor
Miller said the agency never meant to allow THC‑laden products to circulate statewide, describing the scenario as hazardous.
“This essentially returns us to the starting point,” Miller remarked in an interview. “Many enterprises built around THC sales will suffer, and some may be forced to close.”
In lawmakers’ pursuit of a ban, growers such as Gauger found themselves in the line of fire. Gauger, who operates the farm with her husband and two sons, said she felt overlooked by the majority of the legislature. She explained that she and her family testified before the House committee reviewing the bill and made every effort to be heard, but to no avail.
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“Senator Perry claims he maintains an open‑door policy, but that is untrue,” Gauger stated. “We reside in his district, yet he declines to meet with us despite our visits to his Austin office.”
Caprock Family Farms bottles CBD‑infused body butter and distributes it to retailers nationwide.
Annie Rice /Texas Tribune contributor
Gauger noted that House Speaker Dustin Burrows (R‑Lubbock) and his staff were the sole officials who engaged with the family.
Kyle Bingham, another hemp producer from the South Plains who ventured into the crop, shares the frustration. As president of the Texas Hemp Growers Association, Bingham labels the bill excessive and unworkable, arguing that legislators drafting it disregarded farmer input. Bingham also counts himself among Perry’s constituents.
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“We were excluded from the dialogue,” Bingham said. “While public hearings are available, lacking real influence and being shut out of the early bill drafts proved exasperating.”
Caprock Family Farms employees guide visitors through their Lubbock hemp cultivation site on May 23.
Annie Rice /Texas Tribune contributor
During the session, Patrick has repeatedly warned that THC‑infused products endanger children. Gauger concedes that bad actors exist within the industry, but she warns the ban would create ripple effects that affect manufacturers, processors, and extraction facility workers as well.
“Lock up the criminals if you wish to stop illicit activity,” Gauger said. “But don’t punish American farmers or the broader agricultural producers who follow the rules.”
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‘Facing Felony Charges’
Under the proposed law, adults caught with any THC‑containing hemp product could receive up to one year in jail. This prospect has halted Gauger’s intention to sow a large plot aimed at generating 20 million pounds of CBD biomass, a crop that would not be ready for harvest until October—about a month after the statute takes effect. Because CBD derives from hemp seeds, she fears she would inadvertently violate the law.
Workers at Caprock Family Farms remove leaves from hemp blossoms. The facility processes roughly 125 pounds of hemp every quarter.
Annie Rice /Texas Tribune contributor
“Planting that crop would make us felons,” Gauger said. “The field has already been tilled and treated with herbicides; once that’s done, nothing else can be grown there for the remainder of the season.”
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Bingham faces a comparable dilemma. He dedicates roughly five percent of his 2,000‑acre parcel to hemp, viewing it as a viable alternative in the arid South Plains. However, he says he must abandon the investment if merely possessing trace THC in the crop becomes a criminal offense.
“Given the felony threat, I’m stepping away,” Bingham said. “I won’t jeopardize my freedom over this issue, and I suspect many Texas growers will likewise cease hemp cultivation.”
Ann Gauger inspects a hemp flower, noting that agriculture must evolve and adopt cutting‑edge practices.
Annie Rice /Texas Tribune contributor
Bingham is weighing his options for September, when the ban is expected to take effect. Any remaining THC‑containing inventory would need to be sold or destroyed by burning, and he intends to shift emphasis back to cotton and wheat, despite his original plan to rotate hemp into the mix.
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Gauger anticipates a downturn for the Texas hemp sector as a whole. She notes that the legal risks extend beyond farmers to retailers and grocery outlets selling consumable hemp goods—such as hemp hearts, hemp seed oil, and even major brands that incorporate hemp into their offerings.
Requests for comment from Senator Perry’s office went unanswered.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.
