Texas Lt. Gov. Dan Patrick has been highly critical of Governor Greg Abbott’s recent THC Executive Order that followed the Governor’s veto of a hemp-derived THC ban.
On September 10, the Governor issued Executive Order No. GA-56 relating to protecting children from hemp and hemp-derived products, while also clarifying regulations for such products.
This followed hemp-derived THC ban legislation being vetoed by Governor Abbott, who chose to instead put the issue on a Special Session agenda for further consideration. But ongoing consultation with parties including Lt. Gov. Patrick, who has strongly supported a ban, failed to reach consensus.
Reacting to the Executive Order, Lt. Gov. Patrick stated:
“This is not a personal fight with the governor. It is a disagreement on extremely important policy,” he said. “The Governor’s executive order, intentionally or not, has sent a signal to the THC industry that they have a state seal of approval on the current THC market.”
Among his concerns with the Executive Order:
- It doesn’t ban the continued manufacture and sale of what the Lieutenant Governor claims are “dangerous” intoxicating “synthetic” THC and Delta-9 THC products.
- It doesn’t prohibit stores from maintaining their current locations near schools.
- Driving while intoxicated on THC and other intoxication-related crimes will remain an issue.
- An unlawful resale market that will reach minors will continue.
- Local law enforcement will not be enough to keep law breakers in check.
The executive order says while the federal government allows states to regulate “hemp and its naturally occurring derivatives”, it does not allow them to ban it.
It’s worth noting most hemp-derived THC is created through the manipulation of other cannabinoids such as cannabidiol (CBD). While the “synthetic” label is still subject to debate, it could be argued most hemp-derived forms of THC are not naturally occurring derivatives.
Regardless, the Lt. Gov. has interpreted this to mean THC in the context of the Executive Order.
“That is simply incorrect. If so, all states would be federally required to legalize and regulate THC, the key ingredient in marijuana,” he said. “Multiple courts have already ruled states can ban THC, and several states have already done so.”
More commentary on Gov. Abbott’s Executive Order can be found here.
While staunchly opposed to hemp THC for general adult use, Patrick maintains his support for the prescribed medical use of cannabis, including CBD and CBG (cannabigerol), which are currently legal in Texas.
“I am and will always be against any pathway that could open the door to recreational marijuana in our state,” he said. “We do not want to be another failed Colorado.”
