Lone star state Lieutenant Governor Dan Patrick announced last week he’s backing a bill to be introduced that would see all forms of tetrahydrocannabinol banned from being sold in Texas.
In Texas, recreational use of marijuana is still illegal; although eligible Texans can access medical cannabis through the State’s compassionate use program, which is administered by the Texas Department of Public Safety (DPS). But even that is very restrictive, allowing only certain physicians to prescribe low- THC cannabis for managing or treating a very narrow set of conditions.
However, like in many other states, THC products have been appearing all over the place thanks in part to a loophole in federal law that allows for hemp-derived THC. Also, the Texas Legislature passed House Bill 1325 in 2019, part of which allowed for the commercialization of hemp with low levels of delta-9 THC. But there are other forms such as delta-8 and delta-10. While not as potent milligram-for-milligram, they are still intoxicating are often sold at quite high potency levels.
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible,” said Lt. Gov. Patrick. “These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC.”
Under Senate Bill 3, to be carried by Sen. Charles Perry, such products and all forms of THC, will be banned in Texas.
“We are not going to allow these retailers to circumvent the law and put Texans’ lives in danger,” said the Lieutenant Governor.
He expects the bill will have sufficient bipartisan support in the Senate and hopes the House will pass the bill so it can become law immediately.
There will no doubt be push-back from the industry, including the Texas Hemp Business Council (THBC). Formed early this year, it’s a nonprofit trade association with a mission to advance and protect hemp-derived products in the state.
The battle to ban hemp THC in Texas goes back some years, particularly since Texas Health And Human Services concluded Delta-9 exceeding 0.3% and all other forms of THC in any concentration were considered Schedule I controlled substances and therefore illegal. A lawsuit followed and Delta-8 is still legal until the Texas Supreme Court makes its final decision.
