Texas may ban THC products just a few years after legalization started a big business

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HOUSTON — Just six years after Texas legalized hemp products, the state may be about to ban most of them again as key lawmakers say the sales have led to abuses and safety issues.

The Texas Senate passed a bill last month that would ban nearly all consumable hemp products with THC, the main intoxicating element in cannabis, and it’s now under consideration in the state House.

“This is a poison in our public and we, as the Legislature, our number one responsibility is life and death issues,” said Republican Lt. Gov. Dan Patrick, who’s leading the effort to ban consumable hemp products.

The 2018 farm bill passed by the U.S. Congress allowed states to roll back restrictions on hemp. When the Texas Legislature did so a few months later, it laid the groundwork — some say inadvertently — for a multibillion-dollar industry for consumable hemp products like gummies, vapes, chips, and drinks. Patrick said the products are being marketed to children and young adults and fueling a public health crisis.

Texas still has stricter laws than most states

The Senate bill passed last month in a 26-to-5 vote but some opponents said the industry just needs more regulation, not a ban. Democratic state Sen. José Menéndez of San Antonio was one of those who voted no, siding for sales that are more regulated. There’s currently no age requirement for purchasing consumables.

“I’m one of those who believe it should be extremely regulated, more than 1,000 feet away from schools or churches. Do it like we do liquor stores and that sort of thing, where it’s very hard to get, that only people who are consenting adults can use this,” Menéndez said.

Texas still has relatively strict laws on cannabis. It has not legalized marijuana as about half the states have — except for limited medical uses. A new ban would mark a turnaround in what’s become a major market.

Lawmakers who backed the move to legalize hemp years ago say it was intended to create an industry for non-consumable hemp products, such as rope, but that the law has been used to build a consumable hemp industry with sales at thousands of stores and gas stations.

Medical studies link a variety of potential health problems to some strains of THC, including respiratory problems, seizures, schizophrenia, and psychosis.

A lot of business could be at stake

By Patrick’s estimate, the market for such consumables in Texas has grown to $8 billion annually. A recent report by Whitney Economics, a consulting firm in the cannabis industry, puts the figure at a more modest $5.5 billion in sales, generating $268 million in tax revenues. For the supporters of the ban, that revenue is beside the point.

“Profit over people is never an excuse to ignore the people,” said Republican state Sen. Charles Perry of Lubbock, the author of the Senate ban. “The taxes we collect does not cover the behavioral health issues that’s created [by] an addiction that the state budgets of the day have to cover.”

At a recent hearing before a Texas House committee, Houston resident Alexandra Hess of Houston spoke in favor of the ban and opposed a version that would exempt beverages with THC. She told the story of her brother, Joshua Jimenez, who died in 2021.

“After consuming intoxicating levels of THC products, my brother suffered repeated psychotic breaks and spiraled into a mental health crisis that no one was equipped to handle,” Hess said. “I wish Joshua was here to tell you his story first hand. Unfortunately, he did not survive his last psychotic break.” The family has said Jimenez called them, saying he might walk in front of a train, and then was killed by a train.

Backers of THC products include some recovering veterans

Others at the hearing opposed the ban, saying legal hemp products were crucial to their survival. Some of those were veterans.

“After being injured in service, I found overwhelming pain and was prescribed heavy opioids,” said Terence Jones of Victoria, Texas., who lost both legs and part of an arm to an antipersonnel mine in Afghanistan. “Like too many veterans, I became dependent. In 2015, I made the decision to quit pharmaceutical drugs and begin using hemp and THC products to manage my pain and PTSD. The decision changed and saved my life.”

Supporters of a ban on THC products, including Patrick, say they favor expanding the state’s narrow exemption for medical cannabis. But Jones and others who testified against the measures said a ban would put their Texas suppliers out of business.

Melanne Carpenter is one such supplier. She’s operated her dispensary, Serenity Organics, in Missouri City, southwest of Houston, for about five years.

“My customers are 40-to-60-years old, so I would say probably 75-80% is medicinal — pain, anxiety, sleep,” Carpenter said.

Carpenter opposes sales of such products to anyone under 21. But she said the solution is regulation, not prohibition. “I’d be forced to shut down,” Carpenter said.

She said a ban won’t stop Texans from buying the products from places outside Texas.

“The $8 billion is still there,” Carpenter said. “It’s just who’s going to get it, the cartels in Mexico or other states. I mean, that’s what’s going to happen. But we’re not going to see cannabis consumption going down.”

Andrew Schneider reports on politics and government for Houston Public Media

“]] The Texas Legislature is considering a ban on consumable THC products as some lawmakers say the booming business has caused health problems and allowed sales to minors.  Read More  

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