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Texas Constitution Could Prevent Lawmakers from Banning THC Hemp in Special Sessions

Texas could once again ban intoxicating products made from hemp as lawmakers convened a special session in Austin on July 21, to address the issue. The 18th issue of the magazine. Greg Abbott. Greg Abbott.

It’s a big decision: regulate or banning? 

It is unclear whether legislators in state legislatures are allowed to entertain broad views. Ban The debate is on whether hemp-based products with trace amounts THC, or cannabinoids that are intoxicating, should be consumed.

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As per Article 3, Section 40According to Article XVII, Section 2, of the Texas Constitution: “There shall not be any legislation on subjects other than those specified in the proclamation by the governor convening such session, and presented to them directly by the governor.”

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Abbott’s only topics in this session that deal with hemp are legislation criminalizing the act of giving hemp-derived goods to children younger than 21. hemp-derived products.

The regulation also limits the potency of synthetically altered compounds and establishes enforcement measures, all “without banning an agricultural commodity lawful,” said the governor Writer He announced the date of his special session for July 9.

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The Texas Constitution It is not clear how to do this. The Lt. Governor wants to prevent state legislators from considering an outright ban during the special session, based solely on Abbott’s notification, which only covers regulation. Dan Patrick may double-down on his campaign to Ban Consumable hemp products containing intoxicating substances

Patrick Writer On X, June 24, We only need to pass S.B. The same as we did during the regular session, S.B.

Patrick posted on social media two days after Abbott. vetoed Senate Bill 3 had been introduced long before governors called special sessions to discuss specific topics.

If the Legislature passed a bill similar to this one to ban hemp during a special session, the Governor could again sign or veto it.

Patrick was a leader in the passage of S.B. As one of Patrick’s top priorities, he worked to ensure that S.B. This legislation was vetoed because it would have prohibited the manufacture of hemp products that contain any cannabinoid except non-intoxicating CBD and CBG. It would have dealt a devastating blow to a growing industry. Economic Impact of $10.3 Billion Whitney Economics estimates that the state has about 50,000 employees.

Patrick, in the days leading up to the re-convening of the Legislature, specifically referred to one issue that Abbott had outlined.

Patrick Writer Monday morning at X. “Law enforcement is against regulation & supports a full ban. Texas has a robust program for those in need of medical THC for cancer, PTSD, & other issues.”

The lieutenant-governor also shared his an Article The U.S. Senator Mitch McConnell (R-Ky.) wrote on July 16, for the Lexington Herald-Leader. Patrick pointed out McConnell had never meant for hemp-infused products to spread across the U.S.

The 2018 Farm Bill defines hemp as having no more that 0.3% THC delta-9 on a weight-to-dry basis, during an in-field test before harvest. The federal legislation regulates finished products. Congress Preserved the U.S. Food and Drug Administration’s (FDA) authority to regulate cannabis- and hemp-derived compounds under the Food, Drug and Cosmetic Act (FD&C).

This month the Senate Appropriations Committee Unanimous approval A fiscal 2026 budget bill would prohibit hemp-derived products containing THC, THCA or synthetic compounds. McConnell, a committee member, said that the new definition of hemp was necessary to close the “loopholes” in 2018.

McConnell: “McConnell’s 2018 hemp legislation sought to create a hemp agricultural industry. It did not seek to allow the sale of intoxicating lab-made substances derived from hemp that are unregulated and have no safety framework.”

The 2018 Farm Bill legalized hemp at the federal level by removing hemp from the Controlled Substances Act. It also gave states the autonomy to regulate the hemp. recent ruling The U.S. Court of Appeals, Eighth Circuit has issued a ruling to prohibit hemp so long as it does not affect interstate commerce.

Abbott and Patrick disagree on whether regulation or prohibition is the best path for Texas. Abbott made this statement in his Veto message last month that a ban would take years to implement—similar to the yet-to-be-implemented 2023 ban in Arkansas under the Eighth Circuit—when the issue at hand needs to be dealt with immediately.

“There are … many Texans Conducting business responsibly, who invested millions of dollars planting fields or opening up retail stores in reliance on laws making hemp a lawful product to ‘be sold at retail or otherwise introduced into commerce,'” Abbott wrote.

The Texas special session kicked off July 21 with lawmakers tackling Abbott’s call to revise the state’s congressional redistricting plan—a move that could protect Republicans’ slim majority in the U.S. House come the 2026 midterm election. Special sessions can last 30 days and the outcome of hemp is still unclear.

S.B. While S.B. Talarico’s accusation was made on 18 July, when Talarico spoke on Joe Rogan Experience, a popular podcast.

Talarico claimed, in particular, that Patrick had blocked House-passed Legislation The bill aimed at establishing an emergency plan to respond to natural disasters such as wildfires or floods. It also pushed for the passage of S.B. To protect the alcohol sector, S.B.

“[Patrick] Hold that [House] Talarico explained to Rogan that Talarico was holding the THC bill hostage in order for him to pass his THC-ban. It is a sad fact that Talarico, the lieutenant Governor, did the bidding for wealthy special interests over another industry. He also held up the bill literally that would have saved many lives during the flooding of the past weekend.

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