The Texas House approved a bill on Wednesday that bans all consumable hemp-derived tetrahydrocannabinol (THC) products, a decision that threatens to dismantle the state’s burgeoning hemp industry. With this legislation, adults found in possession of any THC-containing hemp product could face up to one year in jail, a harsher penalty than the current maximum for possessing up to 2 ounces of marijuana.
This bill, which is poised for final approval before heading to Governor Greg Abbott, may lead to the closure of a sector that supports approximately 50,000 jobs and generates roughly $8 billion in annual tax revenue. THC products, once widely available at gas stations and convenience stores across Texas, are now at risk of disappearing from retail shelves.
The shift comes just six years after Texas lawmakers unintentionally triggered a surge in hemp-based products by allowing the sale of consumable hemp in 2019. Although this law limited delta-9 THC to trace amounts, it did not set similar limits on other hemp derivatives, leading to over 8,000 retailers selling THC-laden edibles, beverages, vapes, and flower products.
The recent vote concluded a lengthy debate about how to manage THC in Texas, with some lawmakers advocating for a ban while others pushed for regulations. Lieutenant Governor Dan Patrick, who oversees the Senate, has been vocal in his support for the ban, arguing that THC products target minors and pose risks to public health. He has threatened to extend the legislative session if the House did not align with the Senate’s stance on eliminating THC products. Patrick stated, “I’ve never been more passionate about anything” and emphasized the urgency of the matter.
In response to the House vote, Lukas Gilkey, CEO of Hometown Hero, a manufacturer of hemp-derived products, announced plans for a lawsuit against the ban. He criticized the House for disregarding the opinions of small business owners, farmers, and veterans who depend on hemp products for their livelihoods and well-being.
Advocates for the hemp industry had hoped for a compromise that would lead to stricter regulations rather than a total ban. However, a key amendment proposed by Rep. Tom Oliverson, R-Cypress, effectively scrapped efforts to preserve some THC products, leading to a decisive 95-44 vote in favor of the ban.
The proposed legislation, known as Senate Bill 3, is expected to pass one more ceremonial vote before returning to the Senate for final approval. While the bill continues to allow non-intoxicating cannabinoids like CBD and CBG, it imposes stricter packaging and safety requirements, such as tamper-evident and child-resistant features.
Violations under the new law would include serious penalties for manufacturing, distributing, or possessing THC products with intent to sell. Offenders could face third-degree felony charges, with penalties ranging from two to ten years in prison. The bill also includes provisions to punish the sale of CBD products to minors, with potential jail time of up to one year.
Some lawmakers argued that the ban would drive consumers towards the unregulated black market, increasing the risk of encountering more potent and unsafe products. Rep. Ken King, a Republican who previously backed stricter regulations on hemp, warned that an outright ban would not eliminate THC access but instead push it underground, reminiscent of Prohibition-era alcohol restrictions.
Supporters of the ban pointed to ongoing efforts to expand Texas’s medical marijuana program, which would allow for more qualifying conditions and the use of smokable products. Mid-debate, Patrick reaffirmed his commitment to enhancing this medical program, which aims to improve patient access to cannabis-based therapies.
Despite the anticipated expansion of the medical marijuana program, many patients who use THC for therapeutic purposes prefer the accessibility of over-the-counter products. Concerns about the safety of unregulated THC products remain prevalent among health professionals. Oliverson, an anesthesiologist, voiced apprehension about the dangers of unregulated THC, stating that these products can lead to overdose or severe mental health issues.
Opposition to the ban has gained momentum from patients and advocates who argue that THC is essential for managing conditions like pain, anxiety, and depression. Critics assert that individuals should have the choice to purchase THC products legally rather than resorting to unregulated sources.
As the Texas legislature moves forward with this ban, the implications for small businesses, patients, and the overall cannabis market remain uncertain. The ongoing debate underscores a broader conversation about cannabis regulation in the state and reflects changing attitudes towards THC and hemp-derived products across the country.
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