Senior Politics Writer
AUSTIN __ Sellers of gummies, vapes, drinks and other retail products containing synthetic tetrahydrocannabinol — or THC, the psychoactive ingredient in marijuana – should shut their doors “voluntarily” or the state would be doing it for them, Texas Lt. Gov. Dan Patrick warned Wednesday.
Hours later, the Texas Senate approved its bill creating a total ban on the products in a 24-7 vote, sending it to the House.
Patrick said he would push the Legislature into multiple special sessions with the Legislature beyond the June 2 end date if that’s what it takes to rid Texas of nearly 8,300 retailers operating in shops, gas stations and other outlets under state agriculture laws. Only Gov. Greg Abbott can call a special session.
“We’re going to ban your stores before we leave here for good, whether it’s in May or July or August,” Patrick said during a news conference. “This is a poison in our public and we, as a Legislature – our number one responsibility is life and death issues.”
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His remarks come a day after a video surfaced of Patrick going into a THC shop near a middle school in South Austin — the latest in a growing series of personal investigations the powerful lieutenant governor is doing this session. A shop employee is heard asking for his identification as the store requires customers to be at least 21.
Those in the industry push back on Patrick’s efforts.
“Concerns about semi-synthetic THC can be directly addressed through regulatory enforcement and by legalizing natural cannabis,” Heather Fazio, director of the Texas Cannabis Policy Center, said in a statement. “It is Texas’ commitment to prohibition that has created this market for converted cannabinoids in the first place.”
SB 3 by Sen. Charles Perry, R-Lubbock, would criminalize the possession and manufacture of intoxicating legal products currently sold in smoke shops, convenience stores, breweries, coffee shops and online retailers.
Perry has promised to deliver “the toughest THC ban in the nation.”
Possession of the products would be a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. Manufacturing them would be a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
If passed by lawmakers and signed by Abbott, the ban would go into effect in September.
Retailers would have until January to comply with the new law, which would not target the sale of the products containing cannabidiol (CBD) or Cannabigerol (CBG), two nonintoxicating hemp derivatives.
It would ban anything other than CBG and CBD. That includes all other consumable hemp products, such as cannabinol (CBN), which is also nonintoxicating and popular for uses such as sleep aids and anxiety.
Such a ban could snare CBD or similar nonintoxicating products made from the same hemp plant if they contain any trace of anything other than CBD – even if it isn’t THC, and even if it’s not synthetic – which includes most CBD that’s currently on the market.
CBD is federally approved for treating a form of childhood epilepsy, and medical evidence suggests it could treat anxiety disorders, pain, insomnia and possibly inflammation.
Prohibition would be a disappointing overreach that defies Texas’ pro-business values, supporters have said. They urge lawmakers to avoid killing an industry that has created about 50,000 jobs, according to market research.
Meanwhile, a separate Perry bill, SB 1505, would double the number of legal medical marijuana dispensaries in the state from three to six, allow for off-site storage, and add smokeable products to the methods by which medicinal cannabis can be delivered.
It would not expand the medical conditions that qualify people to get marijuana through the program, known as the Texas Compassionate Use Program, which is one of the most narrow in the country.
Patrick, a Houston Republican, made banning all nonmedicinal THC products a priority for the Texas Senate, which he oversees.
During Wednesday’s floor debate, some senators wanted reassurance that the state’s medical marijuana program would be bolstered this session to make up for cutting off access to the hemp-derived cannabis products, which several Democrats pointed out are popular with veterans who cannot access medical THC.
One store in Sen. José Menéndez’s district is owned by a veteran who uses products to battle alcoholism and other mental issues, the San Antonio Democrat said. He is not only “concerned, frustrated, upset” over what will happen if his products are banned, but he is not one of those Perry would call “diabolical” for selling it, Menéndez added.
Menéndez, who has tried to expand the medical marijuana program for the last decade, said he supports regulation, not prohibition.
“You can’t put the vet-owned hemp shop that works with adults in the same category as the gas station that sells gummy bears marketed to kids,” he said.
Sen. Sarah Eckhardt, D-Austin, questioned the enforceability of a total ban as the arrests, prosecution and incarceration of people as a result of substance abuse comes with its own costs. Regulation and investment in treatment would be a more effective, she said.
“I question the wisdom of a ‘Just Say No’ policy and look forward to working with you on a way to constructively address substance abuse disorder in Texas,” she said.
Her amendment that would have made all consumable hemp products subject to the regulation and testing standards that the bill puts on CBD and CBG failed in a 24-4 vote.
Perry said the state does not have enough resources for anything short of a total ban.
“The state does not have enough money to deal with the enforcement, the inspection, the regulatory environment everybody speaks to, and then pick up the tab in our health and human services budget to deal with the mental health issues,” Perry said. “The juice is not worth the squeeze.”
Last year, Allen police raided nine of the nearly two dozen vape shops in the city and confiscated some merchandise advertised as legal hemp. One of the six people arrested after the raids sued Allen Police Chief Steve Dye and the city, arguing authorities ignored federal laws.
State-certified testing showed THC levels between 7% to 78% — many times the legal limit – but shop owners dispute those findings. Police accused stores of knowingly selling the products to teens.
Dye on Wednesday said allowing the sale of the products is a “blatant circumvention and abuse” of federal and state hemp legislation.
A ban would not only keep unregulated intoxicating products off the market but also make law enforcement’s job easier, said Dye, who testified last week in Austin in favor of the bill.
Police can’t determine from sight if a person’s THC product is legal or not, and roadside testing isn’t an option – making it difficult to decide if a crime is being committed when the products are encountered, Dye said.
“Why should taxpayers bear the burden to help retailers sell for-profit products just to get people high and make law enforcement’s job that much more difficult?” Dye said.
A similar bill was filed in the Texas House by House State Affairs Chairman Ken King, R-Canadian, although it allows hemp-derived THC-infused drinks to be regulated potentially through the state’s alcohol regulators – a proposition that Patrick says he refuses to consider.
“There are no exceptions,” said Patrick, flanked by law enforcement leaders from North Texas and family members of adults who they said suffered psychologically due to using the synthetic THC products.
With Patrick leading the Senate, the ban is expected to fly through that chamber but could bog down in the House, where some Republicans have questioned whether it would be better to hit the industry with regulations and allow them to operate for customers who can’t access the medical marijuana program.
House Bill 4242, by state Rep. Brisco Cain, R-Deer Park, lays out age limits, testing standards and other regulations that advocates say would allay concerns about bad actors.
Fazio, of the Texas Cannabis Policy Center, stressed that if lawmakers want to protect consumers, “the logical step is to legalize and properly regulate botanical cannabis with naturally occurring THC, rather than enacting broad bans that drive demand for illicit alternatives.”
While public health concerns about products currently allowed in the market are “a legitimate concern, Texas has neglected proper regulation and enforcement for six years since legalizing hemp in 2019, Fazio said.
Hemp and marijuana plants are varieties of cannabis. In Texas, products containing THC from marijuana are illegal except for the narrow medical program. Most THC products derived from hemp plants, however, are legal because of a 2019 state law that allows the farming and commercialization of hemp with trace amounts of THC.
Because the law was written for farmers, not retailers, it did not offer the restrictions present in other states’ consumable hemp programs, including strict third-party testing requirements and age limits on purchases.
The 2019 legislation limited the amount of delta-9 THC in hemp plants and products to no more than 0.3% by weight but did not place limits for any other hemp derivatives.
The law removed hemp from the state’s Controlled Substances Act, effectively legalizing all of its derivatives without potency limits on most of them.
In 2023, some lawmakers attempted to ban intoxicating hemp-based products but were unsuccessful.
Law enforcement has been at odds with retailers over the legality of the products because some tested after being sold contained illegally high levels of THC and products have been found in the possession of those younger than 21.
Staff writer Hojun Choi contributed to this report.
Karen Brooks Harper has covered Texas politics in and out of Austin for nearly 30 years. She's also covered the cartel wars along the TX-MX border, Congress in Mexico City, and 6 hurricanes, among other stories. Raised on blues and great food in the MS Delta, she lives in ATX with her family, her guitar, and her boxing gloves. In that order.
