Texas lawmakers are holding a special legislative session for this coming week. They have already introduced several bills that address the consumption of hemp.
Among the proposals are measures to require extensive product warning labels and to outlaw hemp products that contain any detectable amount of THC or most other cannabinoids—what one advocate called “an unholy resurrection” of a measure vetoed by Gov. Greg Abbott (R) last month.
Abbott asked specifically that legislators prioritize hemp regulation issues during Monday’s special session. Charlene Johnson, a Democratic Representative from the state of California, has introduced HB160 and Sen. Charles Perry is introducing SB5.
In the former, warning labels would be required on all hemp products that contain more than trace levels of THC. These products could cause “cannabis poisoning, which can be fatal to children,” harm youth brain development, and increase risk of mental disorders such as schizophrenia and psychosis. They can also lead to anxiety disorders, depression, and addiction disorders.
SB 5 prohibits all products with “detectable amounts” of cannabinoid, except for cannabidiol and cannabigerol. This would include products which are allowed under federal hemp definition.
Abbott has vetoed SB 3 which passed during the legislative session this year. The bill would also have prohibited products that contained any amount of THC, or cannabinoids.
Last month, the governor stated that he would prefer that lawmakers create a framework for cannabinoids that is “similar” to how alcohol products are regulated.
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.
Patrick on Monday reiterated that he supports a complete ban. He said, “regulating THC to 21+ years old in TX would be a sneaky way for legalizing marijuana for recreational use.” Law enforcement is against regulation & supports a full ban.”
Abbott called on lawmakers earlier this month to prioritise two specific reforms ahead of a special legislative session.
The first was to prevent minors from accessing hemp products. “It is a criminal offense to give children younger than 21 years old any product derived from hemp.”
One, under “regulate hemp products,” asked for “a comprehensive measure to regulate hemp products including limiting potency and restricting synthetically altered compounds as well as establishing enforcement mechanism, without prohibiting a legal agricultural commodity”.
SB 5 appears to be doubling down on an all-out prohibition.
Heather Fazio – a reformist cannabis advocate and the director of Texas Cannabis Policy Center – criticized the new effort by emailing MEDCAN24.
She wrote: “It appears clear that the Senate has a commitment to empower the illegal market by banning the legal sale THC.” They would rather drug dealers make money than licensed businesses.
Fazio said that SB 5 makes it illegal to possess hemp products, which are legal under federal law and contain any amount of THC. It is a dangerous precedent that will lead to the arrest of tens and thousands of Texas residents.
Under the proposed law, it would be considered a Class A misdemeanor if someone “distributes or delivers a hemp-based product for consumption” which isn’t registered in the state. In the state, a Class B misdemeanor can be punished by up to 180-days in prison and $2,000 in fine.
In a recent email, Fazio stated that “if Senator Perry or Lt. Governor Fazio stated in an email she sent recently that “if Senator Perry and Lt. Gov. It’s on this issue that we need to focus, not on criminalizing the responsible adults who use THC.
Disclosure: Fazio is a Patreon supporter of MEDCAN24.
Perry, the legislator who sponsored the ban legislation did not reply to MEDCAN24 emails on Monday seeking comment.
The Senate State Affairs Committee will hear SB 5 on Tuesday.
Last week, Rep. Nicole Collier, (D), introduced HB 42. It was designed to shield consumers from being charged with criminal offenses if they were wrongly led to believe that a hemp-based product contained excessive THC and therefore was illegal marijuana. This bill prevents criminalization for anyone found with a hemp product but 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 be authorised to sell consumable hemp products.”
Ahead of the governor’s recent veto of SB 3, hemp advocates and stakeholders had delivered more than 100,000 petition signatures asking Abbott to reject 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 said the prohibition would devastate a key sector of the state’s agriculture industry.
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.
Both sides of the Senate Bill 3 discussion raise grave 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 stated.
His veto included a concern about the possibility of litigation over “valid constitution challenges,” which he said would be upheld in court. Before the Governor’s veto, several top Texas hemp businesses had filed preemptive suits challenging the law.
Abbott’s veto letter stated: “If I allow Senate Bill 3 into law, the enforcement of it would be prohibited for many years. This will leave existing abuses unaddressed.” Texas cannot wait.
The governor stated that the state should not risk having its law suspended or delayed indefinitely. Instead, it “must adopt a regulatory structure which protects the public’s safety and is aligned with federal law. It must also have a fully-funded enforcement system, so the framework can be implemented immediately.”
The Governor’s full recommendation on hemp regulation is listed in the veto letter:
- A crime must be committed if a THC 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.
- It must also be able to seal and be tamper proof.
- The packaging, marketing, and design of products must be aimed at adults.
- Retailers who fail to adhere to the rules will be subject to strict fines.
- Other psychoactive substances, such as alcohol, tobacco or kratom, are not allowed in products containing THC.
- Tests must be conducted at all stages of production including plants, derivatives products and the manufacturing process.
- Food safety regulations and permits are required for all manufacturing and processing plants.
- Texas Alcoholic Beverage Commission in conjunction with other state agencies must charge sufficient fees for permits and registrations to fund robust testing and enforcement.
- Any store that sells these products must display an operator permit as well as warning/danger signage.
- The hours of sale must not exceed 10:00 am and 9:00 pm. Sales on Sundays are prohibited.
- A maximum amount of THC is allowed in every product, and each individual can make a set number of purchases over a period of time.
- 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 QR codes linking to results.
- The felony crime of fraudulently creating, displaying or using lab results or manifests must punishable.
- 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.
- These products must be subject to excise tax in order to finance oversight and enforcement.
- It is essential that additional funding be allocated to law enforcement to enable them to enforce the restrictions with vigor.
The list below is certainly not comprehensive. Abbott stated at that time, “But it could provide some items for consideration in creating a system of regulation which is fair, strict and legal sustainable.” The act of passing a bill is different from actually resolving the problem. Texas urgently needs legislation that can be implemented and makes our communities safer right now rather than in the future. This issue will be addressed by the Legislature next month. “I look forward to working together to make sure that we do it right.”
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. 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 inflammatory bowel disease.
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.