AUSTIN, Texas — The Texas Senate on Wednesday passed a state ban on all forms of THC, advancing a priority of Lt. Governor Dan Patrick to crack down on the state’s booming consumable hemp market six years after lawmakers inadvertently permitted its rise.
Current Texas law allows hemp-derived products that contain less than 0.3% of THC.
Editor’s note: The above video originally aired on March 3.
Senate Bill 3 would outlaw products with any amount of THC, including the popular Delta 8 and Delta 9 versions. From gummies and beverages to vapes and flower buds, THC products are currently sold at more than 8,300 locations around the state and online.
Patrick called SB 3 one of his “top five” bills over his 17 years in the Legislature.
“This is a poison in our public, and we as a Legislature — our No. 1 responsibility is life and death issues,” Patrick said at a morning news conference. He was joined by members of law enforcement and advocates for families who saw loved ones develop behavioral health problems after consuming supposedly legal THC products.
Patrick also had a message aimed directly at retailers: “You might want to voluntarily close your doors because the investigations are going to continue, and I’m sure the lawsuits are about to come,” he warned. “You know what you’re doing.”
“I believe this bill goes too far, in that it would put out of business the consumable hemp industry in Texas,” state Sen. Sarah Eckhardt, D-Austin said during the debate of the bill, arguing that concerns related to the sale of low-THC products should be addressed through stronger regulations.
SB 3 would continue to allow the non-intoxicating, non-psychoactive cannabidiol known as CBD, while placing firmer restrictions on those products — including barring sales and marketing to those under 21 and requiring “tamper-evident, child-resistant, and resealable” product packaging.
The vote on Wednesday was 24 to 7.
Hemp industry: 50,000 jobs, billions in tax revenue at stake
The hemp industry lobbied fiercely against a total prohibition on THC, urging lawmakers to instead impose “thoughtful regulations,” such as restricting THC sales to Texans 21 and older, requiring tamper-proof packaging and barring sales within a certain distance of schools.
Mark Bordas, executive director of the Texas Hemp Business Council, said that lawmakers were conflating consumable hemp, which, by legal definition, has a low concentration of THC, with higher potency marijuana.
Certain bad actors are “operating in the black market, in the shadows,” he said, arguing that the state needed greater oversight of the industry as a whole to block those manufacturers and retailers — rather than a total prohibition.
“We have a common enemy. We know who’s doing wrong,” Bordas said. “We’d both like to eliminate them, but the problem is, the lieutenant governor and Senator Perry are going to eliminate the entire business — including over 7,000 licensed dispensaries.”
The industry also highlighted roughly 50,000 jobs and billions in tax revenue that would be lost if lawmakers quashed the hemp market entirely. Critics argued that instead of addressing public health concerns, a ban would push consumers into an unregulated black market, easing access to more potent products.
Bordas said the industry believed “cooler heads will prevail” in the Texas House.
House Bill 28 offers more moderate alternative
The House has yet to consider its hemp proposal, House Bill 28, which would impose stricter oversight and licensing requirements for the hemp industry rather than an outright ban on all THC products.
If the House passes its proposal, the two chambers would have to reconcile their differences before the legislation could become law.
State Sen. Charles Perry, R-Lubbock, the lead author of SB 3, said that the Senate and the House were “philosophically aligned” and that there was time to work out any policy differences.
Gov. Greg Abbott has called for more research into the economic impact of banning THC products, citing concerns for thousands of licensed retailers, growers and manufacturers.
Texas isn’t alone. Due to legal changes and a hazy political landscape, residents in roughly half of the states have easy access to hemp products that bear a strong resemblance to marijuana and are far less regulated, according to a study by Rice University’s Baker Institute.
Key points of HB 28
Expanded Licensing Fees and Requirements:
Manufacturers and processors of consumable hemp products would pay a $5,000 initial licensing fee per location.
Renewal fees are set at $2,500 per location
Prohibition of synthesized cannabinoids:
Age restrictions:
Manufacturing practices:
All consumable hemp products must adhere to current “good manufacturing practices,” as defined by state rules.
Criminal Offenses and Penalties:
Advocates for the hemp industry view HB 28 as a more moderate approach compared to SB 3, which could devastate businesses reliant on THC-infused products.
How Texas voters view marijuana debate
A survey of voters released in February by the Hobby School of Public Affairs at UH looked into how Texans feel about marijuana.
Shifting attitudes towards recreational use
While support for medical marijuana is highest, a majority of Texans also favor more lenient policies regarding recreational use:
The survey revealed some variations in support along party lines, though majorities in both parties favor recreational use:
Decriminalization
There’s also bipartisan support for the decriminalization of marijuana.
Medical marijuana gains widespread approval
The survey shows that an impressive 79% of Texans support legalizing the sale and use of medical marijuana with a prescription. This strong backing for medical cannabis cuts across various demographic groups, suggesting a broad consensus on its potential therapeutic benefits.
Conflicting views on THC products
Interestingly, despite strong support for marijuana reform, more than half of Texans back Lt. Gov. Dan Patrick’s proposed ban on THC consumables, which are currently unregulated in the state. This support varies significantly across demographics:
