Texas Democratic House lawmakers are leaving the state to prevent a vote on redrawing the state’s congressional district map in Republicans’ favor—a move that could lead to a stalemate on a Senate-passed bill to ban hemp products containing any THC.
It is up to the House now. But without a quorum, the chamber won’t be able to conduct legislative business as Democratic lawmakers flock to other states such as Illinois and New York—a strategy that’s produced mixed results in the past.
Gov. Greg Abbott (R), has said that he will remove these legislators if they do not show up. He also stated members who have received financial assistance to leave the State could face prosecution.
In any event, the time remaining in the special meeting the Governor convened in order to discuss a number of issues is rapidly running out, such as legislation related to hemp-derived cannabinoids. Abbott had vetoed the earlier controversial version, and recently laid out what he wanted to see in a revised bill.
Special session began on 21st July. Special sessions can only last 30 days under the constitution. Therefore, to get any legislation passed, it would be necessary to reestablish a majority before August 20. The governor can call another special session after the deadline has passed.
Heather Fazio told MEDCAN24 Monday that it was not yet clear what the path would be for legislation to move forward during this special legislative session, and whether or no a THC prohibition could progress.
She said, “The current status is better than THC outright being banned, but we do hope that the legislators can work through their differences to find a common-sense regulation to restrict access for youth at a minimum.” “We will keep our campaign going and continue to work with those who remain inside the building so they can understand the problem, make the right decisions at the appropriate time.” This could happen later in this special session, or the next.
Austin Zamhariri is the executive director at Texas Cannabis Collective. He said, “Texans are fighting a ban on all hemp-based products since Lt. Dan Patrick, (R) announced the ban in December.
He told MEDCAN24 that “political maneuvering of Democrats through quorum breaks has potentially foiled Patrick’s hemp THC banning for the near future.” You will find it hard to find a Texan, regardless of their political ideologies, who doesn’t agree with this. The status quo appears to be unchanged but we need to remain vigilant.
Austin said, “If there’s anything we have learned it is that Lt. Austin stated that he will keep working publicly to stop hemp THC. We could continue to work on this issue well into next year, in the midst of full-blown primaries. “Time is on our side.”
Fazio’s and TCC’s monthly Patreon donations support MEDCAN24.
Hometown Hero, a CBD-based company headquartered in Texas, also commented on this legislative change, noting that it means “nothing is likely to be passed during the current session which is a good thing.” The bad news, however, is that the legislation to ban hemp will most likely be brought up again in a special session.
The Democratic walkout has nothing to do with hemp legislation. Democrats are walking out to prevent the House of Representatives from passing legislation that will create five districts leaning Republican by dividing the existing congressional districts into predominantly Democratic urban areas.
However, the proposal on hemp remains controversial. Others, such as Lt. Governor. Dan Patrick (R) as well as the sponsor of the bill, Sen. Charles Perry(R), insist that an outright prohibition is necessary to protect the public from intoxicating products which have spread since federal legalization in 2018. Other people say it is better to regulate the market and prevent access by youth while still allowing 21-year-olds to purchase the product and preserve this massive industry.
At a recent press conference, two bills relating to cannabis were introduced by a group Democratic senators. The first bill would regulate hemp markets, which allows adults aged 21 or older to purchase products with no more THC than 5mg per serving.
Second new bill will effectively legalize marijuana for adults by eliminating criminal penalties for possessing up to 2 ounces on an individual and 10 ounces within a household, if they are hidden and secure. It would be legal to grow up six plants of which only half can be mature.
While opposing a complete ban of hemp products, Governor Brown, who vetoed SB 3 during this year’s state legislative regular session, has also advocated for limiting THC levels and banning sales to minors.
Under the current Senate-passed proposal, consumable hemp products with any amount of THC—or any other cannabinoid besides CBD and CBG—would be illegal. Just the mere possession of hemp products would result in a Class A misdemeanor punishable with up to 180 jail days and $2,000 fine.
Some advocates are hopeful that either SB 5 or its House counterpart could see revisions as they make their way through the legislative process—either to affirmatively regulate the hemp market or to at least ease some of the criminal penalties on individuals found in possession of the affected products.
—
MEDCAN24 has been tracking the hundreds of bills relating to cannabis, psychedelics or drug policies that have passed through state legislatures as well as Congress in this past year. Patreon members who pledge at least $25/month gain access to interactive maps, charts, and hearing schedules so that they do not miss anything.
Find out more about our marijuana law tracker. To gain access, become a Patreon supporter.
—
Abbott signed into law a bill in June that added chronic pain, traumatic head injury (TBI), Crohn’s disease, and other inflammatory intestinal diseases to the list of qualifying medical conditions for cannabis. It also allowed end-of life patients receiving palliative care or hospice treatment to use marijuana.
Separately, Rep. Nicole Collier (D) introduced a one-page bill, HB 42, designed to protect consumers in the state from criminal charges if what they believed was a legal hemp product turned out to contain excessive amounts of THC, making it illegal marijuana. The bill would protect consumers from criminal charges if they are found to be in possession of hemp-based products that contain excessive amounts of THC, making them illegal marijuana.
For the purchaser to be entitled to legal protection the hemp-based product must have been bought “from an authorized retailer that the buyer reasonably believed to be authorized to sell consumable hemp products.”
Another bill—HB 195, introduced by Rep. Jessica González (D)—would legalize marijuana for people 21 and older, allowing possession of up to 2.5 ounces of cannabis, with no more than 15 grams of that amount being in concentrated form.
A third proposal requires state officials conduct an intoxication test for THC.
As for what Texans themselves want to see from their representatives, proponents of reining in the largely unregulated intoxicating hemp industry in Texas shared new polling data indicating that majorities of respondents from both major political parties support outlawing synthetic cannabinoids, such as delta-8 THC.
In the same survey, it was found that respondents preferred to purchase therapeutic cannabis products from state-licensed medical programs than a “smoking shop” selling hemp unregulated and without testing.
Ahead of the governor’s veto last month of SB 3—the earlier hemp product ban—advocates and stakeholders had delivered more than 100,000 petition signatures asking Abbott to reject the measure. Critics argued that the industry—which employs an estimated 53,000 people—would be decimated if the measure became law.
AnonMoos. Image element.
MEDCAN24 would not be possible without the support of readers. Consider a Patreon subscription if our marijuana advocacy journalism is what you use to keep informed.
