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AUSTIN, Texas – The Texas Senate has passed a bill that would keep cannabis-derived products like Delta 8 and Delta 9 from store shelves.
Bill banning THC passes Texas Senate
The Senate passed the bill by a 24 to 7 vote on Wednesday afternoon after a lengthy debate.
The bill prohibits stores from selling any cannabinoid in Texas, except CBD and CBG.
What they’re saying:
“Some of the hemp shops may go out of business, but they brought this on themselves,” said State Sen. Charles Perry (R-Lubbock) shortly before the passage of the bill.
“If I put in 17 years, my top bills this would be in my top five,” said Lt. Gov. Dan Patrick.
What’s next:
The bill now goes to the House for approval.
Senate Bill 3
Senate Bill 3 would ban all non-medical THC products, clearly targeting stores that sell what are considered to be illegal contraband.
State Sen. Charles Perry (R-Lubbock) wrote the bill.
Perry joined Patrick at a news conference Wednesday ahead of the floor discussion.
What they’re saying:
“The deception in this industry and what they have created and the lives they have ruined is unacceptable and unnecessary,” Perry said.
Perry said banning Delta 8 and 9 products was different from the debate surrounding the legalization of medical marijuana.
READ MORE: Lt. Gov Dan Patrick pushes to “ban all forms” of THC in Texas
“It is not that. It is not that animal,” Perry said. “It is something that is synthetically made in a chemist laboratory with no recourse or care our conscience about the impact it has. So this is not part of yesterday. This is stuff that will change lives forever in a very negative way, and actually probably cause loss of life at the end of the day, because paranoid and schizophrenia are the attributes that are a common theme when you talk to these parents of these kids are in this stuff.”
By the numbers:
On Wednesday, Perry said the industry was putting profits over people.
“I’ll tell you, the taxes we collect do not cover the behavioral health issues,” Perry said. “It’s created an addiction that the state budgets of the day have to cover.”
Patrick has suggested the industry earns around $8 billion annually.
That number falls in line with a 2023 report from Whitney Economics that suggests that $3.3 billion of that number comes from retail sales.
The Whitney Economics report states the industry employees more than 50,000 Texans and pays $1.6 billion in wages annually.
The fiscal analysis of the bill from the Legislative Budget Board says the state would lose around $13 million from the general fund next year. The bill would also cost cities $2 million, transit authorities are estimated to lose $730,000 and revenue losses for counties would amount to around $500,000.
The bill was placed on the intent calendar Tuesday.
Lt. Gov. Dan Patrick visits Texas smoke shops
Lt. Gov. Dan Patrick posted on social media platform X, formerly Twitter, Wednesday a video of him going to various stores that sell Delta 8 and Delta 9 products to promote Senate Bill 3, which would ban the sale of non-CBD products.
Patrick interviewed several workers at those businesses about the products they sell and about selling to children, which he says is a problem.
What they’re saying:
“Over the last several years, over 8,000 smoke shops have opened up across Texas, selling all types of products to adults and kids, with Delta 8 and Delta 9, effectively legalizing marijuana through THC in Texas by taking advantage of loopholes in the law,” Patrick said. “I visited several of these smoke shops to see what they’re selling. All said they weren’t selling to kids, but a lot of other people have a different opinion.”
Patrick’s video shows him inside several stores asking clerks about the products they sell and the potency of those products.
In one store, the clerk agrees with Patrick, that selling to children is a problem.
“The parents are worried, you know? I think it’s a big problem, like, everywhere these days,” the clerk said.
But the employees at the stores Patrick visited all said they didn’t sell to people under the age of 21.
“Because you got to be 21 to enter the smoke shop, right? A lot of kids, they go to the gas station because you don’t have to be like 21 to enter,” the smoke shop employee said.
Patrick addressed the comments from the clerks during a news conference Wednesday.
“I’m sure there are some good actors. I’m sure there are a lot of bad actors,” Patrick said. “And remember, people over 21 can go and buy it and give it to the kids.”
Patrick was joined at the news conference by law enforcement officials and families who say their lives have been affected by the legalization of hemp products.
One of the stores Patrick visited, Austin-based Happy Cactus, said he was immediately asked for his identification when he came in the door.
The store said Patrick asked about gummies with more than 50mg per serving of hemp and was told the store did not sell those.
“We are proud of our team here at Happy Cactus. They handled the visit according to the best practices of Texas hemp retailers and with professionalism and respect,” co-owner Todd Harris said. “We are proud to provide a legal product that helps many people in our community, including veterans and seniors.”
The attorneys who represent Happy Cactus said Patrick asked if students from an area high school had been in the store.
“Lieutenant Governor Patrick came into Happy Cactus, our Client’s store, and saw that we do things correctly,” Attorney David Sergi said. “He learned that we had sent a no-trespass letter to Crockett High School because we didn’t want their students in our store. He also learned that their students no longer attempt to come into our store. Happy Cactus does things right like most of our industry.”
Why can you still buy products containing THC in Texas?
The difference in the legal and illegal products lies in the plants from which they come. Hemp and marijuana plants are both cannabis plants. Marijuana plants have a THC concentration of more than 0.3 percent. Hemp has low THC, or less than a 0.3 percent concentration.
Several cannabis-based products containing delta-8, delta-9 or the non-intoxicating cannabidiol known as CBD are currently available at stores in Texas, including hemp-based vapes, oils, creams, drinks, gummies and more. They are required by law to contain no more than 0.3 percent THC.
In May 2021, a federal court ruled that delta-8 products can be legally defined as hemp. The ruling made delta-8 federally legal if the THC concentration is under 0.3 percent.
Critics, like Texas Lieutenant Governor Dan Patrick, say many items sold in Texas contain more than the 0.3 percent limit because of a lack of testing requirements and regulations.
Marijuana, hemp, CBD, and Delta-8 Differences
Cannabis plants are the source of both marijuana and hemp. The difference amounts to how much of the psychoactive compound THC, or tetrahydrocannabinol, they contain.Marijuana is classified as a cannabis plant or its derivatives that have a THC concentration of more than 0.3 percent.Hemp is classified as a cannabis plant or its derivatives with a THC concentration of less than 0.3 percent.Cannabidiol, or CBD, is a non-psychoactive compound of cannabis. It does not contain THC.Delta-8-Tetrahydrocannabinol, or delta-8, is a psychoactive substance that is naturally produced in small amounts by cannabis plants. When concentrated in a lab, delta-8 can produce a similar “high” to marijuana.Delta-9-Tetrahydrocannabinol, or delta-9, is the primary psychoactive ingredient in a cannabis plant. Delta-9 is illegal in Texas unless it’s derived from hemp and contains less than 0.3% THC by dry weight.
Medical Cannabis in Texas
Medical cannabis is legal in Texas, though it is limited. The Texas Compassionate Use Program allows certain physicians to prescribe low-THC cannabis to Texans with an approved list of conditions. Some of the conditions include epilepsy, MS, autism, cancer and post-traumatic stress disorder.
Patrick says he wants the Texas Senate to expand the number of conditions allowed under the Compassionate Use Program.
The Source: Information on Dan Patrick’s visit comes from X. Comments from Sen. Charles Perry come from a news conference held Wednesday morning in Austin. Information on the economic impact of the hemp industry in Texas comes from a 2023 report by Whitney Economics, the most recent available at time of publish. Information on the economic impact of Senate Bill 3 comes from the Texas Legislative Budget Board. Information on hemp products and medical cannabis in Texas comes from previous FOX reporting. Information on Patrick’s visit to Happy Cactus comes from the store’s attorney, David Sergi.
“}]] Texas Lt. Gov. Dan Patrick visited several businesses selling THC products as he continues his push for a bill to ban them. Read More
