The Texas Senate on Wednesday preliminarily approved its second attempt to ban hemp-derived THC, setting up a showdown with the House, where hemp industry members say they’ll be getting more support.
Senate Bill 5 by Sen. Charles Perry, R-Lubbock, tentatively voted 20-9 to advance the bill to a final vote, which will occur in the coming days. The bill would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. This bill would eliminate the majority of hemp products, including those that are legal under the federal definition.
Perry on Wednesday repeatedly emphasized that the intent of hemp legalization was never for THC to be widely available to the public and that most of the products being sold in Texas as hemp, in his opinion, should be considered federally illegal. He also criticized people who say there are medical benefits to THC, saying it has never been approved for that use.
“Texas has never gotten its medical treatment from gas stations over the counter,” Perry said.
The Republican lawmaker also pushed against Gov. Greg Abbott’s suggestion to regulate hemp like alcohol, saying law enforcement doesn’t have the manpower to regulate the alcohol industry, let alone the THC market.
“Prohibition sets a bright line for enforcement,” he said. “If I were alive in the '30s, would I have been a prohibitionist? I probably would have knowing what I know today.”
What happens to all the hemp products when they become illegal? Perry said it wasn’t his concern.
Sen. José Menéndez, D-San Antonio, said many people use THC to ease off opioids and alcohol, and how a ban is essentially a rug-pull. He said he wanted to build a bridge to allow for either a regulated cannabis market or a more open Texas Compassionate Use Program, the state's medical marijuana system.
“My concern with the TCUP program we have today is that it's almost so expensive and difficult to access for so many that they have been forced to hemp,” he said. “They’re substituting cannabis with hemp, and I don’t think it's the best option, but it’s the only one they have.”
Perry said the TCUP program, which lawmakers voted to expand earlier this year, can’t survive without hemp being banned. Even though the TCUP expansion might take time to occur, it’s better than what is currently happening in Texas, Perry said.
Also on Wednesday, Sen. Nathan Johnson, D-Dallas, filed two bills that offer regulation over a ban. Senate Bill 53 would create safety standards for hemp-derived products, including raising the age to 21, capping consumable products at 5 mg per serving, mandatory child-safe packaging, and redirecting tax revenue from THC to support public health and law enforcement. His Senate Bill 54 would decriminalize personal marijuana use in small amounts.
This clash of options is expected to play out over the next couple of weeks as a section of lawmakers, including Lt. Gov. Dan Patrick and Perry, are determined to ban the product outright, while others are looking for a way for THC products to stay but be regulated.
Abbott has asked lawmakers to prioritize hemp regulatory issues during the 30-day special session, which began last week. SB 5 is essentially a revival of Senate Bill 3 from this year’s regular legislative session, which lawmakers passed but Abbott vetoed.
Abbott, in his veto, urged lawmakers to regulate hemp sales similarly to liquor sales by prohibiting sales near places frequented by children and banning sales to anyone under the age of 21, with strict penalties for any retailer that fails to comply. The hemp industry has primarily been amenable to these restrictions.
Abbott’s office recently clarified that he supports a ban for those under 21, with a full ban on “extraordinarily dangerous synthetic products.”
The veto came after immense pushback from hemp supporters, including veterans and chronically ill people, who said hemp has been a cheaper and more accessible alternative to the medical marijuana program. Patrick, who was a large supporter of a THC ban, lambasted the veto as an attempt to legalize adult-use cannabis.
How the THC debate will play out in the House is currently unknown, but several bills have been filed, showing factions in the chamber.
On Monday, Rep. Gary VanDeaver, R-New Boston, filed House Bill 5, a companion bill to Senate Bill 5, which bans THC products, while House Bill 195 by Rep. Jessica González, D-Dallas, would make cannabis legal for adults.
HB 195 would allow adults to possess up to 2.5 ounces of cannabis, with no more than 15 grams of that being in concentrated form. It would put the state’s commercial cannabis market under the Texas Department of Licensing and Regulations. At home, adults could keep up to 10 ounces of THC products, with any amount over 2.5 ounces needing to be stored in a locked container or other restricted area.
Other lawmakers have submitted their version of THC bills that differ from either a ban or outright legalization.
House Bill 160 from Rep. Charlene Ward Johnson, D-Houston, would require several warning labels to be carried on hemp products that contain THC. The labels would include warnings about cannabis poisoning, stunted brain development and the risk of mental health disorders.
Senate Bill 39, by Sen. Judith Zaffirini, D-Laredo, would prohibit hemp products from being packaged or marketed to children and make any violation of this a misdemeanor. House Bill 42, by Rep. Nicole Collier, D-Fort Worth, would provide protections for people who buy what they thought were legal hemp products that might contain an illegal amount of THC.
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