An effort to rein in the proliferation of hemp-derived THC products in Texas has failed. But the battle isn’t over yet.
Following hemp being legalised in the USA in 2018, the Texas Legislature passed House Bill 1325 in 2019. As at a federal level, the Texas definition of hemp only specified delta-9 THC maximum levels; while ignoring other forms such as delta-8 or the potential for producing delta-9 post-harvesting through cannabinoid manipulation. Manufacturers were quick to exploit the loopholes.
Late last year, Texas Lieutenant Governor Dan Patrick announced he was supporting a bill that would see all forms of hemp-derived THC banned from being sold in Texas. That was ultimately vetoed by Governor Greg Abbott in June this year, who instead placed the issue on a Special Session agenda for further consideration.
Enter Senate Bill 5, which is basically a revival of SB3, also supported by the Lieutenant Governor, and SB6, which would have made consumable hemp products that contain any amount of any cannabinoid other than CBD and CBG illegal.
However, Lieutenant Governor Patrick said late last week the effort to ban hemp-derived THC had failed – for now.
“After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” he said on Thursday. “My position remains unchanged; the Senate and I are for a total THC ban.”
The powerful forces at work here on both sides shouldn’t be underestimated. The hemp THC sector in Texas is worth billions of dollars and supports tens of thousands of jobs in the state.
The Texas Hemp Business Council welcomed news of the thwarted ban.
“We want to thank Governor Greg Abbott, Speaker Dustin Burrows, and members of the Texas House for standing with Texans and rejecting the misguided and disingenuous efforts to ban hemp, protecting an important Texas industry that supports 53,000 jobs and generates $10 billion in annual economic activity.”
According to the group, if the ban had been successful, it would have also represented a significant hit to state coffers; killing $267 million in tax revenue. But the organisation says it will pursue its advocacy for “sensible” additions to regulations, such as limiting sales to those 21 and older, child-resistant packaging and establishing setbacks from schools.
