A Republican House member filed a companion bill to a Senate Bill on Monday that would prohibit consumable hemp-based products containing any detectable amount of THC.
Meanwhile, Gov. Greg Abbott, who earlier vetoed the original version of this ban during regular state legislative sessions in Texas, has continued to ask for a solution that allows small amounts of THC.
Abbott told The Texan in an interview last week that he wanted to ensure adults had the freedom to access hemp products without being intoxicated.
He did say, “as far as I know” [products] “If they contain less than three milligrams THC, then they’re non-intoxicating.”
SB 5 was approved unanimously by a Senate panel last week. It will now be reviewed and voted on in full Senate. Consumable hemp products that contain any THC content would be prohibited. Just the mere possession of hemp products with any amount of THC would make them illegal.
Only products with two specific cannabinoids—CBD and CBG—would be allowed under the Senate proposal.
As happened in the House’s regular sessions this year, reformers hoped to see SB 5 revised so that hemp products containing THC are regulated, not banned.
Rep. Gary VanDeaver, (R), introduced HB 5 on Monday. It is identical to SB 5 and could happen. As of Monday afternoon, no hearing had been set. VanDeaver, the House Committee on Public Health.
Heather Fazio is the director of Texas Cannabis Policy Center. She told MEDCAN24, “We were surprised that Chairman VanDeaver introduced HB 5 – which seems to be a carbon replica of SB 5.” Fazio also said that Abbott has stated that these proposals are incompatible with his goals.
Both bills criminalize and ban any amount THC, and virtually all cannabinoids that are not harmful. Fazio stated that this would mean even CBD full spectrum oil will be banned from the market. These bills are unreasonably high and don’t reflect the position of Governor Abbott. Governor Abbott asked lawmakers to regulate THC. Recently, he reiterated his position. He called for lower THC levels but confirmed he doesn’t support an outright prohibition.
(Disclosure: Fazio supports MEDCAN24’s work via a monthly Patreon pledge.)
SB 5 was scheduled for the Senate to meet on Monday, however the Senate convened but quickly adjourned the session without taking any actions on bills. Next scheduled meeting for the Senators is Wednesday.
Ahead of the special legislative session, Abbott specifically asked lawmakers to prioritize hemp regulatory issues. Abbott reiterated that he opposed a blanket ban on hemp, a “lawful agricultural product,” which he called. He called for the legislature to implement two major reforms.
Abbott asked lawmakers to pass a law “making it illegal to give hemp-derived goods to children younger than 21.”
A second proposal sought to regulate “all hemp-derived goods, including their potency. It also included limiting synthetically altered compounds and creating enforcement mechanisms. All this without outlawing a legitimate agricultural commodity.”
Abbott, in an interview last week with The Texan newspaper, reiterated that he opposes a ban on hemp-based products.
He added that although he is not in favour of a ban on all hemp products, he supports restrictions on the use of synthetic cannabinoids.
The governor said: “I’m in favor of an age restriction for anyone under 21.” “I’m in favor of banning any kind of synthetic additive that is added to products which makes them dangerous.” I support a prohibition of hemp-based products with more than 3 milligrams (or THC) that cause intoxication.
Abbott, as he has in previous interviews about the hemp bill, again provided a confusing explanation on what he believes are acceptable THC levels in hemp. He said that there should either be a cap of “three percent”, or “three milligrams” which is an important difference.
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According to him, in an interview with FOX 4, “every official of law enforcement I’ve spoken to says the same, that they lack the resources to control it,” adding that “if they measure the hemp product on a milligram base, rather than the current methodology 0.3 percent THC, it would be much more straightforward to do so.”
In a Senate hearing last week on SB 5 most of the law enforcement representatives said they preferred a ban to any regulation on hemp-based products that contain THC. Some later added, however, that they felt the state’s limited medical marijuana program, known as the Texas Compassionate Use Program (TCUP), should be expanded to ease access by patients—especially military veterans—who could benefit from therapeutic cannabis.
Notably, Abbott in June signed a bill into law that expanded the state’s list of medical cannabis qualifying conditions, adding chronic pain, traumatic brain injury (TBI), Crohn’s disease and other inflammatory bowel diseases, while also allowing end-of-life patients in palliative or hospice care to use marijuana.
SB 5 (and its companion HB 5) are two of the few bills to be introduced in the upcoming special session that will address hemp consumable products.
Other proposals include requiring extensive warning labels on products and limiting how hemp-based products are packaged.
HB 160, introduced by Rep. Charlene Johnson (D), and SB 39, proposed by Sen. Judith Zaffirini.
The former would require a number of warning labels to be carried on hemp products with any more than trace amounts of THC, cautioning that the products can cause “cannabis poisoning that can be life-threatening to children,” harm brain development in youth, increase “risk of mental disorders like psychosis and schizophrenia” and lead to anxiety, depression and substance abuse disorders.
SB 39 prohibits packaging and marketing of hemp products in a “manner attractive to children”. This would include packaging with human, animal, cartoon, or fruit shapes, as well as any other shape “attractive to minors”, as it does packaging which looks like legal products already being marketed for children such as candy or juice. The bill would ban misleading packaging. Infractions are punishable as a class A misdemeanor and can result in up to 12 months of jail time or a fine of $4,000
Separately, last week 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. This bill prevents criminal prosecution of anyone found with a hemp product, but which is later determined to have “a controlled substance” or 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 sell consumable hemp products.”
Another bill—HB 195, introduced on Thursday 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.
Another proposal calls for state officials to carry out a study of THC testing.
According to new data, Texans want their elected representatives to ban synthetic cannabinoids like delta-8 THC.
According to the survey, respondents prefer buying therapeutic cannabis through state-licensed programs for medical marijuana than from “smoking shops selling unregulated hemp.”
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.
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