Jack Stinnett received transformative news in 2020 when a lump discovered on the side of his neck was diagnosed as cancer of the tongue and mouth. He quickly joined forces with his wife, Karen, to seek treatment at MD Anderson Cancer Center in Houston. Over the course of his journey, Stinnett endured over five rounds of chemotherapy and 33 radiation treatments.
A resident of Marble Falls, he started out as a generally fit 60-year-old who regularly biked for over 60 miles per day. Unfortunately, he lost more than 100 pounds during treatment due to diminished appetite and loss of taste. Ultimately, Stinnett gained access to a medical marijuana prescription to help manage the nerve pain associated with his cancer treatment, which brought him significant relief.
“It improved both my appetite and sleep. The Compassionate Care Act is, in my view, unparalleled in its benefits,” he remarked. “It’s crucial that we let politicians step aside.”
Stinnett’s experience highlights the positive impact of Texas’ Compassionate Use Program, which has recently entered a critical phase since its launch in 2015. Stringent eligibility criteria, product restrictions, and storage regulations have hindered the program’s reach while unregulated hemp alternatives—like delta-8 and more potent delta-9—are growing increasingly popular due to their accessibility.
A potential conflict is emerging between the medical cannabis sector and the hemp industry in Texas, with both vying for legislative clarity regarding their futures. States like Colorado and California, where both medical and recreational marijuana are permitted, have recently tightened regulations on hemp products to enforce greater health standards and safety measures.
State Senator Charles Perry, who initiated agricultural hemp legislation in 2019, is now proposing stricter regulations to limit consumable hemp products that were never intended to mimic marijuana. Recently, he suggested instituting a complete ban on consumable hemp during a State Affairs Committee hearing.
“If we cannot enforce regulation and control, then it should not be allowed,” asserted Perry.
Lawmakers, including Lt. Gov. Dan Patrick, are particularly focused on regulating THC-infused drinks, as these complicate the ability of parents and educators to discern between standard beverages and those containing THC. Patrick provided a list of priorities for the next legislative session, with a key emphasis on banning delta-8 products. He proposed that Texas examine the sales of THC products and craft recommendations to regulate these offerings and prevent marketing aimed at minors.
Simultaneously, in August, the Texas Department of State Health Services initiated a legal case aiming to classify delta-8 as an illicit substance. However, until the case is resolved, delta-8 products remain legal for purchase and sale in Texas.
While the Texas hemp sector argues in court that delta-8’s psychoactive effect is negligible, any bans or severe regulations could inflict lasting damage on the industry and the state’s economy. “Restrictions on hemp-derived cannabinoids, like those proposed by Lt. Gov. Dan Patrick and others, could adversely affect our $8 billion industry, which supports over 50,000 jobs and generates $1.6 billion in annual wages,” stated Lukas Gilkey, CEO of Hometown Hero, a company defending the hemp industry in ongoing legal battles.
David Bass, a retired Army veteran diagnosed with PTSD, is an advocate of the Compassionate Use Program but has indicated that his organization, Texas Veterans for Medical Marijuana, is adopting a neutral stance concerning a delta-8 ban. “Many veterans see both options as equivalent; if delta-8 is more affordable and accessible, who can blame them?” Bass noted.
The legal framework distinguishes between hemp and marijuana, defining hemp as cannabis containing 0.3% THC or less, while marijuana—illegal in Texas—is classified as containing more than 0.3% THC. Smokable hemp products, including flower and vape cartridges infused with CBD, THCA, and delta-8, can be legally purchased with few restrictions, unlike the tightly regulated medical cannabis available only through licensed dispensaries.
Following the 2019 hemp legislation, Texas has seen a surge in consumable hemp retail outlets, numbering over 7,000. These establishments include varied venues like gas stations, storefronts, and mobile trailers, offering a wide array of products such as gummies, candies, and drinks—all infused with low-dose THC. Currently, only three medical dispensaries serve the entire Texas population.
Bass highlighted how many veterans prefer hemp products over the Compassionate Use Program due to better accessibility and lower prices. Some companies even operate vending machines in Veterans of Foreign Wars facilities, catering to their specific needs. “The medical program comes with higher costs and renewal requirements that make it less feasible for many,” he explained.
Despite gaining popularity, the federal Food and Drug Administration has issued warnings concerning unregulated hemp products’ negative health effects, which can include hallucinations and loss of consciousness. Past attempts by Texas to categorize delta-8 as illegal faced pushback from hemp growers, resulting in ongoing litigation.
For veterans like Bass, the widespread availability of hemp products offering relief for conditions such as PTSD and chronic pain seems unlikely to diminish soon. He acknowledged that while regulating these products was never the original goal, it may be too late to revert course now.
A potential ban on these products could have dire implications, affecting not just consumers but also farmers and shops reliant on hemp-derived substances that significantly contribute to Texas’ economy. According to research from the Texas Hemp Business Council, the hemp industry’s economic impact amounts to $8 billion annually.
For Shawn Collins, a resident of Austin and a witness to the tragedies of September 11, 2001, obtaining a medical marijuana prescription changed his life. Having battled undiagnosed PTSD for years, he turned to various substances until he discovered the benefits of medical cannabis. “It’s a miracle drug; it’s been life-altering,” Collins stated. He hasn’t personally tried delta-8 but is aware of its growing relevance.
Jervonne Singletary, community relations manager for Good Blend, a medical marijuana company, expressed concern over the future of the Compassionate Use Program amidst this transitional period. She conveyed that, due to numerous regulatory challenges, patients are increasingly turning to the more accessible delta-8 and delta-9 alternatives.
Nico Richardson, CEO of Texas Original, a medical cannabis distributor, shared his frustrations about his inability to provide certain popular smokeable products, leading to a decline in patient numbers. “It’s turned into a chaotic situation for Texas,” he remarked.
Texas requires licensed medical cannabis providers to operate all facets of cultivation, processing, and dispensing from the same location. Additionally, inventory regulations complicate the distribution process, often necessitating lengthy round trips for prescriptions. These factors inflate prices, adding to the burdens faced by the small medical cannabis sector.
The Compassionate Use Program currently serves around 12,000 participants out of nearly 45,000 registered individuals, despite the state’s broader population being eligible for cannabis oil to address a host of medical conditions. “We estimate over a million and a half Texans could qualify for this treatment,” Singletary pointed out, highlighting the disparity between the demand and supply in the current system.
Industry advocates are pushing for operational reforms designed to lower costs and broaden qualifying conditions for the program, thereby granting patients better access to regulated cannabis products while curtailing the influx of questionably regulated hemp alternatives.
With discussions intensifying around the future of delta-8, industry leaders are wary of potential regulation impacts. “Finding common-sense regulations is essential for the well-being of both the medical cannabis market and the hemp industry,” stated Shayda Torabi, president of the Texas Hemp Coalition. “The direction this conversation takes, both locally and nationally, will be crucial for ensuring consumer access to beneficial cannabis products.”
As the legislative session approaches, stakeholders are hopeful for constructive dialogue that preserves the Compassionate Use Program while addressing the challenges posed by the rapidly evolving hemp market. “It’s going to be a significant topic this upcoming session, and while it may not dominate headlines, the discussions are vital for our community,” Bass remarked.