Texas’ medical cannabis industry and its hemp business both received some unexpected but major news this weekend. Not only was hemp legalized, the medical cannabis program in the state has been expanded significantly.
The US’ second largest state by size, population and economy has for months become a focal point for the US hemp industry, as legislators moved to impose an overwhelmingly strict crackdown on ‘intoxicating hemp’ products, which would have decimated the non-intoxicating hemp industry.
The Texas Senate passed Senate Bill 3 in March of this year with a large majority. This bill would ban the sale of all cannabinoids except CBD and CBG at retail stores.
The bill would have banned all forms of THC intoxicants, including Delta 8, Delta 9 as well as other beverages. It would have destroyed the $8bn THC industry, and affected tens thousands of job opportunities.
Since the bill has been sat on the desk of Texas Governor Greg Abbott, hemp businesses across the state have been subject to raids, arrests and closures, as inaccurate tests to determine the level of THC have been used to fuel ‘political theatre’ and drive support for SB3, according to David Sergi and Kyler Rucker of Sergi and Associates, a San Marcos-based law firm.
Despite widespread support from lawmakers, the Governor ultimately moved to veto the bill on Sunday, while a ‘special session’ has now been scheduled for next month to discuss the ban further.
Jonathan Miller of the US Hemp Roundtable General Council stated: “Last evening’s gubernatorial override of SB 3’s hemp-killing provisions in Texas will prove to be an important moment for hemp growers and businesses throughout the United States.
“Governor Greg Abbott, who took this wise and historic action, said it best in his veto statement: ‘Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure, and can take effect without delay.’
The US hemp industry expresses its gratitude to Governor Abbott. It is also grateful to all the Texas hemp groups that have led the fight and to the many thousands of Texas Hemp Supporters, who spoke out over the last few weeks.
In the meantime, another bill passed which would expand Texas’ medical cannabis program.
Texas first legalised medical cannabis in June 2015, when the Compassionate Use Act permitted low‑THC cannabis oil for patients with intractable epilepsy. The eligibility criteria have gradually been expanded over the years to include Parkinson’s, ALS autism, MS and terminal cancer.
The Marijuana Project (MPP) claims that access to medical cannabis was severely limited, and therefore did not meet standards to qualify as a state.
On Saturday, Abbot signed HB 46 into law, seeing Texas become the 40th state to fully legalise medical cannabis, adding conditions including Crohn’s disease, and traumatic brain injury as qualifying conditions, and adding methods of delivery to include lotions, patches, suppositories, pulmonary inhalation with approved nebulizers, inhalers, and vaporizers (when directed by a doctor).
Kevin Caldwell, Southeast Legislative Director of MPP, said in a release that “For far too long the Texas Compassionate Use Program was severely restricted, leaving countless Texans with the help they so desperately needed. Texans spoke, and they were heard.
“HB46 will increase access to medicinal cannabis. This is a safe, effective option for patients who suffer from chronic pain or other medical conditions.
Lauren Daly (Interim Executive Director, MPP) added that Texas had adopted a sensible policy to ensure that Texans suffering from serious illnesses have access to a drug that is already improving the lives of people across the nation.