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A bipartisan vote passed a bill to ban THC in the Texas Senate on Wednesday, Lt. Gov. Dan Patrick announced.
Senate Bill 3, authored by Sen. Charles Perry, bans Delta 8, Delta 9, and all other forms of intoxicating THC, including beverages. It also prohibits the retail sale of any cannabinoid in the state, with the exception of CBD and CBG. Patrick said the bill does not affect Texas’ Compassionate Use Program.
Over the past decade, thousands of CBD shops have opened across Texas, selling cannabis products with varying levels of THC, which has a psychoactive effect. When federal (The Hemp Farming Act of 2018) and state (House Bill 1325 in 2019) laws legalized hemp with agricultural uses in mind, they differentiated it from illegal forms of cannabis by defining it as having 0.3% “delta-9 tetrahydrocannabinol” or less. The laws didn’t explicitly cap other forms of THC, like delta-8 and delta-10, which aren’t naturally found in large quantities.
Cannabis companies jumped on the loophole, providing Texas retailers with products containing the alternate THC compounds.
“Since 2019, retailers across Texas have exploited a state agriculture law to sell life-threatening, unregulated forms of Tetrahydrocannabinol to Texans, including children,” Patrick said in a statement. “These stores which often target children with their marketing have popped up across the state, threatening the safety of our communities. Today, the Texas Senate drew a line in the sand and passed SB 3 to ban all forms of intoxicating THC.”
Earlier this month, hundreds visited the Capitol to hear arguments over the proposed ban with more than 170 people signing up to speak.
“Texans don’t want this,” said John Burk, the owner of Shell Shock CBD in Richardson who was in Austin to testify. “Let us be. Let combat veterans be. If we want to have a blunt, it’s no different than having an old-fashioned and kicking back.”
Burk previously told CBS News Texas that veterans like himself use THC rather than more addictive opioids and a ban on THC is not a true reflection of what the public wants.
“We really need to eradicate that loophole to make sure that these illegal products are not being sold,” said Allen Police Chief Steve Dye. He said marijuana on the market today is stronger and more addictive than ever.
The bill moves on to the House.
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