Governor of Texas, Greg Abbott, says lawmakers, instead of outright banning hemp-based products for consumption, should create a framework to regulate cannabinoids in a way “similar” to how alcohol is controlled.
Following his veto of a controversial law on Sunday, which would have effectively ended the hemp industry in the state, Governor Greg Abbott has now proposed a list of policy changes that he says he will support. Greg Abbott (R) proposed an extensive list of policy changes that he says he would support—and which the legislature will have the chance to enact during a special session the governor is convening next month.
Both sides of the Senate Bill 3 discussion raise grave concerns. But one thing is clear—to ensure the highest level of safety for minors, as well as for adults, who obtain a product more dangerous than what they expected, Texas must strongly regulate hemp, and it must do so immediately,Abbott said.
He cited the potential for litigation from “valid constitutional challenges,” which would likely be successful in court, as part of his reasoning behind the veto. In order to achieve this, various top Texas hemp firms filed a preemptive suit against the SB 3 legislation before the governor vetoed it.
Abbott’s veto letter stated: “If I allow Senate Bill 3 into law, the enforcement of it will be suspended for many years and current abuses won’t be addressed.” Texas cannot wait.
The worst that could happen is the Senate Bill 3 being permanently invalidated. Best case scenario, the implementation of the bill would be delayed by years, as it winds through the court system. “We can do better.”
Governor said that rather than risking the possible enjoining of the law or its indefinite delay, the state must “enact a framework which will protect public safety while aligning with federal laws, have an enforcement structure fully funded, and be able to take effect immediately.”
He said that lawmakers could adopt a similar structure to alcohol regulation, which would be enforced by an independent agency such as the Texas Alcoholic Beverage Commission.
The full list of hemp regulations recommended by the Governor is available here:
- The crime of selling or supplying a THC-containing product to minors must be punished.
- Sale of tobacco products must not be allowed near places where children frequent, such as schools, churches and playgrounds.
- It must also be resealable, child-resistant and contain a tamper proof seal.
- It is forbidden to make, package, or market products in an attractive way for children.
- Retailers who fail to adhere to the rules will be subject to strict fines.
- Other psychoactive substances, such as alcohol, tobacco or kratom, are not allowed in products containing THC.
- Tests must be conducted at all stages of production including plants, derivatives products and the manufacturing process.
- Food safety regulations and permits are required for all manufacturing and processing plants.
- Texas Alcoholic Beverage Commission in conjunction with other state agencies must charge sufficient fees for permits and registrations to fund robust testing and enforcement.
- A warning/danger sign and an operator’s license must be displayed at all stores selling such products.
- The hours of sale must not exceed 10:00 am and 9:00 pm. Sales on Sundays are prohibited.
- Each product’s THC content must be limited, and a person can only make a certain number of purchases within a specified time period.
- The labels must contain a warning in the style of a surgeon-general, an explanation of each ingredient, including its THC level, as well as a barcode that can be scanned or a QR code which links to results.
- In order to be punished as a felony, fraudulently creating manifests or lab test results and displaying them must also constitute a criminal offense.
- Consumption in public, on store premises, or the possession of open containers inside vehicles must be criminalized.
- Deceptive Trade Practices Act violations must be prosecuted by the Attorney General and district attorneys.
- Local governments can choose to limit or ban the sale of these products.
- To fund the oversight and enforcement of these laws, excise taxes on these products are required.
- To ensure that law enforcement has sufficient resources, it is necessary to provide additional funding.
This list is by no means exhaustive. Abbott added that it could provide some ideas for a strict regulatory system, which would be fair and legally viable. The act of passing legislation is different from actually solving the issue. Texas must pass a law that will be enforced and make communities safer now, not in years to come. The Legislature has the chance to tackle this important issue next month. The Legislature will have the opportunity to address this serious issue next month.
Abbott called for a special legislative session to start on 21 July, saying that SB 3 as well as other bills he had vetoed would be put on the agenda.
Hemp advocates and stakeholders had delivered more than 100,000 petition signatures asking Abbott to veto the measure. Critics of the bill argued that the industry—which employs an estimated 53,000 people—would be decimated if the measure became law.
Texas legislators legalized hemp consumption in 2019 following the passage of the federal Farm Bill of 2018, which made the plant legal nationwide. That’s led to an explosion of products—including edibles, drinks, vape products and cured flower—sold by an estimated 8,000 retailers.
Military veterans advocates, including Texas Veterans of Foreign Wars, have also called on the governor to veto the hemp ban, saying it “would cause irreversible harm to communities across the state.”
Farmers have also said the prohibition would devastate a key sector of the state’s agriculture industry.
Lt. Gov. Dan Patrick, who led the fight against hemp in the legislature this session and criticized Abbott for vetoing the bill.
His late-night, veto on a matter that was supported by the majority of Republicans in the Legislature, law enforcement and many people in medical and educational communities as well, has left families feeling abandoned. “I’m especially sorry for the families who have lost loved ones because of these dangerous drugs,” he said on social media.
Meanwhile, a recent survey from a GOP pollster affiliated with President Donald Trump showed that Texas Democratic and Republican voters are unified in their opposition to the hemp ban bill.
Another poll commissioned the Texas Hemp Business Council (THBC) found that Texas Republican primary voters oppose the proposal.
On Saturday, the governor signed bill to significantly expand the state’s medical marijuana program with new qualifying conditions additional product forms and more dispensary locations.
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Abbott separately signed a bill into law this month to create a state-backed research consortium to conduct clinical trials on ibogaine as a possible treatment for substance use disorders and other mental health conditions. The project’s goal is the development of a psychedelic that will be approved by the federal Food and Drug Administration.
In addition to chronic pain, TBI and Crohn’s disease, the measure also allows hospice or palliative patients to use cannabis.
Separately in Texas, a House committee approved a Senate-passed bill last month that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.
Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.
While several courts have previously upheld local cannabis decriminalization laws, an appellate court comprised of three conservative justices appointed by the governor has recently pushed back against two of those rulings, siding with the state in its legal challenge to the marijuana policy in Austin and San Marcos.
Despite the ongoing litigation and advancement of the House and Senate bills, Texas activists have their targets set on yet another city, Kyle, where they hope put an initiative before voters to enact local marijuana reform at the ballot this coming November.
A recent poll found that four in five Texas voters want to see marijuana legalized in some form, and most also want to see regulations around cannabis relaxed.
You can find the governor’s statement on hemp below.
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