AUSTIN — A ban on gummies, vapes, drinks and other consumables containing tetrahydrocannabinol — or THC, the psychoactive ingredient in marijuana and hemp — will be a legislative priority when lawmakers return to Austin in January, Texas Lt. Gov. Dan Patrick said late Wednesday.
Senate Bill 3, by state Sen. Charles Perry, R-Lubbock, has not yet been filed but will signal a “major legislative initiative” to prohibit the potentially intoxicating products from being sold in coffee shops, dispensaries and gas stations across Texas, Patrick said in a statement.
“Thousands of stores selling hazardous THC products have popped up in communities across the state, and many sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased from a drug dealer,” Patrick said.
In a statement Friday, Perry said his bill would propose “the toughest THC ban in the nation.”
It will not ban the sale of products containing the non-intoxicating hemp derivative known as cannabidiol, or CBD, which is different from THC — although it’s often an ingredient included in hemp-derived THC products. CBD has been federally approved for treating a form of childhood epilepsy, and there is evidence it could be used to treat anxiety disorders, pain, insomnia and possibly inflammation.
Perry’s said his proposal also will not impact the state’s medical marijuana program, known as the Texas Compassionate Use Program, that allows doctors to prescribe low-dose THC edibles and beverages for patients with certain serious conditions, such as cancer, autism and post-traumatic stress disorder.
“We must take bold action to keep dangerous drugs away from our communities and out of our schools, and SB 3 is a critical step in protecting Texas families from unregulated and mislabeled intoxicating products,” Perry said.
The legislation’s designation as SB 3 will place it behind only the budget (SB 1) and private school vouchers (SB 2) as a key part of Patrick’s agenda for next session.
Advocates for the consumable hemp market, who had been hoping for a more measured approach to reigning in the industry, called the proposal “deeply disappointing.”
“While the Texas Hemp Federation supports measures to protect public health and safety, this proposal would strip millions of Texans of access to safe, regulated hemp-derived cannabinoids like delta-8 THC, which they use for therapeutic and wellness benefits,” the federation of retailers and supporters, said Thursday.
“We support reasonable, science-based regulation to ensure product safety, but banning all forms of THC is a reckless overreach,” the federation said in a statement to The Dallas Morning News.
Asked on social media why Texas leaders wanted to ban the products, Texas Agriculture Commissioner Sid Miller responded that “not everyone is on the same page on this.”
“The GOP needs to find some consensus instead of constantly running in opposite directions. We know what the polls say,” Miller wrote. “It’s time to support the will of the people of Texas.”
Changing the law
Hemp and marijuana plants are both varieties of cannabis. In Texas, products containing THC from marijuana are illegal except for a narrow medical program. Most THC products derived from hemp plants, however, are legal because of a 2019 state law that allowed the farming and commercialization of hemp with trace amounts of THC.
Because the law was written for farmers, not retailers, it did not offer the sort of guardrails and restrictions present in consumable hemp programs in other states — including strict third-party testing requirements and age limits on purchasing the products.
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible,” Patrick said. “These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC.”
Texas’ consumable hemp retailers hope lawmakers will enact more stringent regulations to avoid prohibition. A key part of that effort, led by several large consumable hemp retailers in Texas and nationally, is to pass basic regulations such as childproof packaging and age limits similar to those on alcohol and a clear way forward for an industry that has brought in $8 billion in revenue in Texas alone, according to a recent study.
Some proposals also seek to mandate product safety testing by a third-party lab or to limit legal use to drinks infused with low-dose THC so sales can be overseen and taxed by the state’s alcohol regulators.
Patrick’s goal to wipe the market clean of the products marks a devastating blow to those efforts.
“Texans deserve thoughtful legislation — not a continuation of the failed policies of the War on Drugs, which has historically harmed our communities and stifled innovation,” the federation said.
Benefits, risks of hemp products
Purveyors and consumers say hemp-based products offer an array of benefits, from lifting moods to offering relief for depression, anxiety, pain, insomnia, eating disorders and post-traumatic stress disorder. A recent study showed a nonintoxicating cannabis product known as THCV holds promise for weight loss or diabetes patients.
Some products tested after being sold to consumers contained illegally high levels of THC, and products have been found in the possession of those under 21.
Calling all products dangerous and accusing retailers of targeting kids is irresponsible and wrong, particularly because many sellers ensure their products are safe and sold only to adults, the hemp group said.
“Lt. Gov. Patrick’s rhetoric about ‘life-threatening products’ and ‘targeting children’ is not grounded in science but rather in fearmongering,” the group said. “Hemp-derived cannabinoids sold in Texas are subject to extensive testing and labeling requirements.”
Perry, who also authored the 2019 bill, has been one of the consumable hemp industry’s biggest critics. The 2019 legislation limited the amount of delta-9 THC in hemp plants to no more than 0.3% by weight as a way to avoid high-potency products getting into the market.
The law did not place limits for any other hemp derivatives.
The law also did not specifically address consumable hemp, and it removed hemp from the state’s Controlled Substances Act, effectively legalizing all of its derivatives without potency limits on most of them.
Those include compounds such as delta-8, a cousin of delta-9, and THCA, the nonintoxicating precursor that turns into intoxicating THC when heated in vapes and smokeable flower buds.
A bill attempting to ban intoxicating hemp-based products in 2023 did not get a committee hearing, the first step in the legislative process. Earlier this summer, Patrick instructed senators to find ways to ban or curtail the consumable hemp industry, bringing state law closer to the intent of Texas’ strict regulations on recreational cannabis.
“We are not going to allow these retailers to circumvent the law and put Texans’ lives in danger,” Patrick said Wednesday. “This bill will have broad bipartisan support in the Senate, and I trust the House will also see the danger of these products and pass this bill with overwhelming support so it can become law immediately.”
Hemp advocates urged lawmakers to take a more measured approach and avoid killing an industry that has created about 50,000 jobs, according to market research.
“The Texas Hemp Federation calls on lawmakers to reject Senate Bill 3 and instead craft regulations that balance public safety with the freedom and well-being of Texas citizens,” the group said.
Patrick called THC derived from hemp dangerous, but the consumables industry said a ban would endanger access to products that offer therapeutic benefits. Read More
