Testimony Given in Opposition to SB 5 - David Roberson
AustinLiberator
Testimony in Opposition to SB 5
Submitted by J. David Roberson
Austin Attorney & Texas Resident for Over 20 Years
Honorable Members of the Texas Legislature,
My name is J. David Roberson, and I am an attorney who has lived and worked in Texas for more than two decades. I do not consume hemp or THC products, nor do I have a personal financial interest in their sale. My concern here today is broader and more fundamental: the preservation of individual liberty, the defense of small businesses, and the proper limits of government power in our state.
SB 5 is not merely about hemp—it is about whether Texans will retain the freedom to make personal choices without unnecessary interference from the State. Even though I have never purchased or used these products, I believe it is my duty to speak against this bill because freedom, once surrendered in one area, is far easier to erode in others.
History has proven that blanket bans do not eliminate demand; they drive it underground. When the State pushes a product into the shadows, it strips away all quality controls, safety standards, and accountability. That is when truly dangerous substances and actors thrive. SB 5 would repeat the mistakes of past prohibitions, undermining public health while fueling an unregulated black market.
Since the legalization of hemp in 2019, thousands of Texas entrepreneurs—many of them small business owners—have built lawful enterprises serving willing customers. SB 5 would close hundreds of these businesses overnight, erasing jobs and investment, not because they harmed anyone, but because the State has decided that informed adults cannot be trusted to make their own purchasing decisions.
I have never purchased these products, but I firmly believe in the right of my neighbors to earn an honest living by meeting the lawful demands of their community. SB 5 punishes lawful commerce and rewards monopoly interests.
As a long-time Texas resident and a legal professional, I hold to the principle that government exists to protect life, liberty, and property—not to micromanage the peaceful choices of its citizens. SB 5 represents the growth of a paternalistic “nanny state” that tells adults they cannot be trusted to make their own decisions about their own bodies.
We can protect minors and ensure product safety without destroying an entire sector of our economy. Reasonable regulations—such as age limits, potency caps, child-proof packaging, and accurate labeling—would meet public safety goals without trampling on free markets or personal liberty.
SB 5 will not make Texas safer. It will make Texas less free, less prosperous, and less respectful of the principles that built this state.
I urge you to reject SB 5. Even those of us who have no personal use for hemp or THC products have a stake in defending the rights of others to make lawful choices and earn an honest living. The proper role of government is to safeguard liberty, not to curtail it
Sincerely,
J. David Roberson, Esq.