Texas lawmakers are moving to ban consumable hemp products containing THC, a psychoactive compound that can induce a high. This legislative action aims to close a loophole in the state’s regulation of hemp-derived products but raises concerns about the impact on Texans who use these products for chronic pain treatment.
On Thursday, the Texas House passed a bill prohibiting all consumable hemp products with THC. Much of the discussion occurred on the House floor the previous night. State Representative Joe Moody from El Paso presented an amendment to modify the penalties associated with the ban.
Initially, possession of any consumable hemp product containing cannabinoids other than CBD or CBG would result in a Class A misdemeanor, which could include jail time and steep fines. Moody’s amendment reduced penalties for the first two offenses to a Class C misdemeanor, allowing for community service as a potential alternative to jail. Subsequent offenses would still be classified as Class A misdemeanors, carrying a possible six-month jail term and fines ranging from $250 to $2,000. Additionally, first-time offenders would face a 30-day suspension of their driver’s license.
The amendment passed with a vote of 107-30, reflecting a bipartisan acknowledgment that the current situation of unregulated THC products poses risks to children and users. However, Democrats and Republicans diverged on the approach to regulation, with most Democrats advocating for stricter controls rather than an outright prohibition.
State Representative Tom Oliverson, a Republican and physician, expressed concerns over the safety of unregulated THC products, asserting that they can be dangerous and lack proper medical oversight. In contrast, Democrats warned about the economic repercussions of the THC ban, with Representative Ana-María Rodríguez Ramos highlighting the potential loss of 50,000 jobs and $8 billion in tax revenue.
Discussions also touched on the Texas Compassionate Use Program (TCUP), which provides low-THC cannabis to patients with qualifying conditions. Concerns were raised about how a THC ban might affect veterans who find relief with these products. Representative Penny Morales Shaw emphasized the need for patient choice in their treatment options.
Currently, the TCUP has expanded since its inception in 2015, initially designed for children with epilepsy and now including patients with post-traumatic stress disorder. However, challenges remain regarding accessibility to the program’s products. Nico Richardson, CEO of Texas Original Compassionate Cultivation, noted logistical difficulties in delivering products across the vast state, often forcing patients to wait long periods for their orders.
Meanwhile, there is a push in the Texas Capitol to further expand the TCUP. A House bill aims to increase the number of licenses for dispensing organizations from three to fifteen and allow for satellite locations to store products closer to patients. This would alleviate some of the delivery challenges currently faced. The bill also seeks to broaden the range of available cannabis products, permitting low-THC cannabis to be administered through pulmonary inhalation for faster effects.
However, the Senate Committee on State Affairs has proposed amendments that limit the conditions eligible for TCUP participation, removing chronic pain from the list of qualifying ailments. Instead, the updated bill includes terminal illnesses and hospice care as conditions for eligibility. The number of dispensary licenses has also been reduced to nine.
With a deadline of May 28 for the Senate to consider any bill, the fate of both the THC ban and TCUP expansion remains in limbo as lawmakers continue to debate the best course of action for Texas’s cannabis policy.
English 
Spanish 
German 
Czech