About two weeks following Texas Gov. Greg Abbott (R), who vetoed the bill which would have banned hemp products containing any trace of THC from being consumed in Texas, announced on Wednesday that two hemp-related topics will be discussed during a special session that begins later this month.
He also reiterated that he was against a ban on all hemp-based products.
In one of the articles, entitled “protecting children from THC”, it is proposed that legislation be passed “making it illegal to supply hemp-derived products for children below 21 years of old.”
Under the title “regulate products derived from hemp”, another request is made for a “measure to comprehensively regulate products derived from hemp, including limiting their potency, restricting synthetically modified compounds and setting up enforcement mechanisms without prohibiting a legal agricultural product.”
Abbott’s proclamation announcing Wednesday the agenda of the special legislative session included 18 items, including the two mentioned above.
Last month, the governor suggested that lawmakers establish a framework to regulate cannabinoids in a similar way that alcohol is controlled.
Lt. Gov. Dan Patrick (R), meanwhile—who backed SB 3, the measure that would have outlawed nearly all hemp-derived products—has explicitly accused the governor of wanting to legalize adult-use cannabis because he rejected the hemp legislation.
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 led to an explosion of products—including edibles, drinks, vape products and cured flower—now sold by an estimated 8,000 retailers.
Military veterans advocates, including Texas Veterans of Foreign Wars, also called on the governor to veto the hemp ban, saying it “would cause irreversible harm to communities across the state.”
Farmers warned that such a ban could have a devastating effect on statewide agriculture.
Following his veto, Abbott proposed an extensive list of policy changes that he said he would support—and which the legislature will have the chance to enact during the special session.
“Texans from both sides of the Senate Bill 3 controversy raise serious 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 over the “valid constitutional challenges,” which would likely be successful in court, as part of his reasoning behind the veto. Several top Texas hemp firms had already brought a lawsuit against the bill before the governor vetoed it.
Abbott stated in his message of veto that “if I allowed Senate Bill 3 become law, it would take years to enforce, and existing abuses will remain unresolved.” Texas cannot wait.
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.”
The Governor’s full recommendation on hemp regulation is listed in the veto letter:
- A crime must be committed if a THC-containing product is sold or provided to a child.
- It is illegal to sell near playgrounds, schools, churches, parks and any other area where children are present.
- The packaging must be secure, childproof, tamper evident, and resealable.
- 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.
- The products that contain THC cannot also contain any other psychoactive substance (such as alcohol, nicotine, or kratom).
- Every phase of manufacturing and production, as well as for plants and their derivative products such as consumables and other goods must include testing.
- Permitting and safety standards must apply to all food processing and manufacturing facilities.
- 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 an individual 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 or displaying lab results and manifests must also be prohibited.
- The crimes of public consumption, consumption in the store, or possession of an unlocked container inside a car must all be punished.
- Deceptive Trade Practices Act violations must be prosecuted by the Attorney General and district attorneys.
- Local governments have the right to restrict or prohibit stores from selling such 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.
The list below is certainly not comprehensive. But it may provide items to consider in a regulatory system that is strict, fair, and legally sustainable,” Abbott said. It isn’t the same as solving a real problem. “Passing legislation does not solve a situation. Texas urgently needs legislation that can be implemented and makes our communities safer right now rather than in years. 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.
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.
Last month, the governor signed bill to significantly expand the state’s medical marijuana program with new qualifying conditions additional product forms and more dispensary locations.
Abbott separately signed a bill into law 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 prescription drug that has FDA (Food and Drug Administration) approval. A portion of profit will be retained by the state.
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 in May 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.
Brendan Cleak provided the photo.