On Wednesday, Lt. Gov. Dan Patrick made an announcement regarding the Texas state Senate’s intention to prohibit all forms of consumable tetrahydrocannabinol (THC).
As the presiding officer of the Senate, Patrick has significant influence over legislative proceedings and identified the THC ban as Senate Bill 3, signaling its high priority for the upcoming legislative session.
In light of the rapidly expanding hemp market in Texas, which has seen the emergence of numerous cannabis dispensaries since the legalization of consumable hemp in 2019, this move by the Republican-controlled Legislature was anticipated.
The original legislation, enacted after the nationwide legalization of hemp, aimed to enhance Texas agriculture by allowing the commercialization of hemp with trace amounts of non-intoxicating delta-9 THC.
However, Patrick alleges that this law has been exploited by retailers who have taken advantage of loopholes to offer products with hazardous THC levels, including some aimed at young consumers.
“Retailers have alarmingly manipulated agricultural regulations to sell unregulated and dangerous forms of THC to the public, making them readily available,” Patrick commented in a statement regarding the proposed ban.
He highlighted the emergence of numerous stores selling hazardous THC products since 2023, pointing out that many of these products, which range from beverages to various edibles, can contain THC levels significantly higher than those in marijuana obtained through illegal channels.
It is important to note that Texas has not legalized marijuana for public consumption, and critics of the current hemp market emphasize the lack of testing regulations, age restrictions, and oversight,
asserting that the widespread availability of such products, including gummies, beverages, and vapes, poses health risks while complicating accessibility for patients relying on medical cannabis.
Although Texas law mandates that consumable hemp products must contain no more than 0.3% THC—associated with various forms including delta-8, delta-9, and THCA—Patrick claims that many items sold in the state exceed this limit.
Conversely, the Texas hemp industry has defended itself in court, arguing that the effects of delta-8 are minimal, and banning delta-8 and delta-9 products would cause irreparable harm to both the industry and the Texas economy.
Patrick announced that state Sen. Charles Perry, a Republican from Lubbock and the author of the 2019 agricultural hemp bill, would carry the proposed THC ban.
Perry has voiced concerns regarding the rapid growth of the cannabis product market stemming from the approved sale of consumable hemp.
Products made from consumable hemp appear in various forms, including vapes, flower buds, oils, creams, baked goods, drinks, gummies, and candies.
These products derive from industrial hemp and hemp-derived cannabinoids like cannabidiol (CBD), and they must comply with the 0.3% THC limit.
The key distinction between legal and illegal products lies in the type of cannabis plant used; marijuana plants are bred for high THC content, whereas hemp plants have low THC levels.
The Texas Legislature is set to reconvene on January 14, where further discussions on this significant legislative issue are expected to take place.
