Smoke shops in Austin are experiencing a surge in demand for consumable hemp products as two legislative proposals threaten to restrict their sale. Customers, particularly seniors and veterans, are buying large quantities of products such as gummies and tinctures out of fear that these items will soon be banned.
Senate Bill 3, introduced by State Senator Charles Perry from Lubbock, aims to prohibit Texas businesses from selling any consumable hemp products containing cannabinoids other than non-psychoactive compounds like CBD and CBG. This bill has already passed the Texas Senate and is backed by Lt. Governor Dan Patrick, who has made it a priority. The House State Affairs Committee has heard testimony on this bill but has not yet voted on it.
Estella Castro, owner of Austinite Cannabis Co. on East Cesar Chavez Street, reports a noticeable increase in stock buying since the bills gained traction. She emphasizes the financial strain on fixed-income customers who worry about losing access to these products. To support veterans, her shop has started offering discounts to help them cope with the influx of worried customers.
In 2019, legislation sponsored by Perry legalized hemp production and sales in Texas, allowing consumable products with up to 0.3% THC. The Texas hemp industry has since flourished, generating over 53,000 jobs and contributing an estimated $10 billion to the economy. Currently, more than 8,000 businesses across the state, including gas stations, convenience stores, and specialized shops, sell a broad range of THC products.
SB 3 aims to ban all consumable hemp products, including edibles and smokable items. Meanwhile, House Bill 28, introduced by Representative Ken King, would prohibit all smokable and edible hemp products, with the exception of infused drinks, which would then be regulated by the Texas Alcoholic Beverage Commission.
The proposed legislation arises from concerns that potent THC products are too easily accessible to minors. Medical professionals warn that high-dose cannabinoid consumption can lead to addiction and mental health issues among adolescents. A representative from the Texas Medical Association indicated that around 50% of adolescents who experience psychosis from cannabinoid use may develop serious mental health disorders such as schizophrenia.
Lt. Governor Patrick has described the issue as a “life and death” matter and has threatened to use other legislative priorities as leverage to ensure the bills pass before the session ends in early June. He claims that the diversity of cannabinoid compounds available in stores makes effective regulation impossible.
During a recent visit to Happy Cactus Apothecary in South Austin, Patrick attempted to buy products without showing identification, despite being of legal age. The store’s policy required ID, which he did not provide. The shop owners, brothers Mickey and Todd Harris, suspect Patrick is targeting their business due to its proximity to a high school and past media coverage of sales exceeding the 0.3% THC limit.
The Harris brothers noted that they have a diverse clientele, including many seniors looking for relief from conditions such as chronic pain and PTSD. Todd Harris stated, “We have customers ranging from 21 to 100 years old, with a significant number being 55 and older.”
As the legislative process continues, Castro and her staff joined others at the Capitol to advocate against the proposed bills. While they waited over 14 hours to testify, the Harris brothers were able to present their arguments. Castro encouraged others to engage with lawmakers, saying, “Everyone has a voice. We still have time to challenge our representatives and push back against these proposals.”
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