Recreational marijuana is technically not legal in Texas, but state lawmakers ended up legalizing it in a roundabout way when they passed a bill in 2019 that permitted the sale of products from the hemp plant.
On paper, Texas legalized items with less than 0.3% of delta-9 tetrahydrocannabinol or THC — the intoxicating ingredient in marijuana and hemp. In marijuana, the THC concentration is 0.3% or higher.
But in reality, enforcement of this threshold has been smoke and mirrors. Sellers are essentially operating under an honor system. The result is that vapes, gummies and drinks laced with marijuana are being sold in some smoke shops, convenience stores and other retailers almost like candy.
It’s no surprise then that Lt. Gov. Dan Patrick announced legislation to ban all THC products in Texas. That’s also expected to include delta-8, an unregulated THC variant.
The Texas hemp market can’t continue with business as usual, but an outright ban would be almost impossible to enforce after an entire industry and countless small businesses have opened shop around existing law.
We do need a deeper understanding of the relationship between legal hemp and marijuana. But we believe lawmakers can come up with more measured solutions through better regulation of the industry.
The bill that would ban THC hasn’t been filed yet; all we know is that it’s Senate Bill 3, signaling its high rank in Patrick’s Senate agenda.
Part of the problem with a THC ban is that even Republicans appear divided over it. Agriculture Commissioner Sid Miller, an influential Republican who applauded the 2019 bill, signaled opposition to Patrick’s proposed ban on X: “Not everyone is on the same page on this.” We expect that lawmakers in some rural districts will push back.
It would be easier to find consensus on stricter regulations for hemp growers and retailers. Reporting from this newspaper and other outlets shows that Texans can’t trust the packaging of THC products or lab results provided by suppliers.
Earlier this year, Texas Monthly purchased smokable products from eight dispensaries across the state, including two in Dallas, and had them tested. All of the products were actually marijuana, with THC levels far in excess of what’s legal in Texas.
According to the magazine’s reporting, there are thousands of licensed hemp dispensaries, but only a handful of state inspectors assigned to them.
The people who are getting in trouble are the customers. Our colleague Sharon Grigsby reported in September about a young North Texas woman who bought hemp-derived vape oil at a Garland convenience store and ended up with a felony charge. Forensic testing showed the oil had a THC concentration of 2.53%, despite the store owner’s assurances to the woman that the product was legal.
Patrick is right to return to the unintended consequences of the 2019 hemp bill, which was passed with the intent of helping farmers. But the Senate shouldn’t vote for a ban without considering other options. Total bans can also have unintended consequences.
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We do need a deeper understanding of the relationship between legal hemp and marijuana. But we believe lawmakers can come up with more measured solutions… Read More
