The governor of Texas “wants to legalize recreational marijuana,” the second highest official in the state said following the veto of a bill that would’ve banned hemp products containing THC—while implying that Gov. Greg Abbott, a Republican from Texas, lied when he said he was blocking prohibition of hemp products containing THC and instead recommending a regulatory framework.
The lieutenant-governor, in a surprising move against Abbott’s veto of the proclamation and veto itself on Monday, held a briefing where he criticized him for the same. He also made several recommendations to regulate hemp. At various points, Lt. Dan Patrick (R), a Republican, accused Gov. Patrick of wanting adult-use marijuana to be legalized because the Governor rejected hemp legislation.
“It puzzles me why my friend Greg Abbott—Governor Abbott—would at the last minute, at about 22 minutes after [11:00PM CT]”I decided to veto the bill,” said the lieutenant Governor, in reference to Sunday’s midnight deadline by which the governor was required to take action on the bill. I know that he said the reasons for his proclamation but my team doesn’t believe them.
He said: “It is surprising that the governor of Texas has decided to legalize marijuana for recreational use in Texas.” That’s it, people. Because that’s what his proclamation does now—whether it’s unintentional and he didn’t think through it, or whether it’s intentional—that’s the result of the veto.”
Patrick explained: “Again Governor Abbott’s proposal is that we legalize cannabis in Texas through regulation.”
In response to reporters’ questions, the lieutenant Governor challenged the governor: “Put a statement out that you don’t want marijuana legalized for adults in Texas. Because that’s either what you’re defaulting or doing on purpose.”
In his message of veto, Abbott outlined the legal arguments that underlie the argument. However, the Federal law which legalized hemp also allows for states to adopt more restrictive laws. Therefore the state can do so.
Since when do we even care if someone sues us after we pass a law? He added.
The federal law allows us to ban it. We can only stop transport through the state. Patrick said, “You’re right. He mentions it in his declaration.” “He mentions that one of the problems with this bill is about stopping transportation—but he didn’t write the entire sentence. It’s not me, it’s him. “It says that you cannot pass a legislation to prohibit transportation within a particular state.”
It’s not exactly what he said [about the state’s medical marijuana] “Program”, he added, in reference to separate legislation that Abbott approved this weekend for the expansion of the state’s Medical Cannabis Law. “He signed this bill. “That’s no longer worth anything.”
“What puzzled me was, the last time I talked to the governor in the Capitol before session, he said, ‘Don’t worry about the bill.’ He said, ‘Your bill is fine.’ The lieutenant-governor said that’s exactly what he said to me before witnesses. “In fact, he asked a couple of lawyers on my staff—he said, ‘Can you give me some answers I can give because, when I sign this, I need some answers to give.’ What happened then? Who was it that convinced him? Who convinced him?
It should be noted that, while the lieutenant governor is evidently irate over the veto and leveling accusations that Abbott is tacitly endorsing adult-use legalization, the governor had made clear he opposes that reform—and he’s even pushed back against local efforts to simply decriminalize cannabis for adults.
In his message of veto, the Governor did mention that lawmakers, instead of outright banning hemp consumable products, should set up a regulatory system that regulates cannabinoids in a similar way to alcohol.
Abbott 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.
The Texas Alcoholic Beverage Commission could be used to enforce strict regulations.
Abbott called for a special session to start on 21 July, saying that SB 3 as well as other bills 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.
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. Project’s ultimate goal is to turn the psychedelic drug into a prescribed medication with FDA approval and the state keeping a share of profits.
This measure allows patients receiving palliative care or hospice to be treated with marijuana. It also expands the list of qualifying medical conditions for cannabis to include Crohn’s, TBI, chronic pain and other inflammatory diseases.
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.
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Side Pocket Images. Photo by Chris Wallis.
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