Lt. Gov. Patrick vows to ban all THC in Texas

Catch up quick: Texas legalized certain forms of consumable hemp in 2019, including products containing small amounts of hemp-derived THC like edibles, vapes and traditional bud.

Driving the news: Patrick said Wednesday he is prioritizing a bill in the upcoming legislative session that would ban all forms of consumable THC from being sold in the Lone Star State.

Context: Hemp-derived delta-8 THC is one of several isomers, or minor chemical variants, of delta-9 THC, the main psychoactive ingredient in traditional cannabis.

• Delta-8 THC provides lesser psychoactive effects and is typically coupled with CBD, another hemp-derived compound used for pain relief and mental wellness.

The intrigue: Patrick said Wednesday that Texas shops are selling products containing "unlimited THC" and are marketing them to children with "life-threatening" consequences.

• The bill, to be designated Senate Bill 3, has not yet been filed. The offices of Patrick and the bill's author, Sen. Charles Perry (R-Lubbock), did not provide the text of the proposed legislation or respond to requests for comment.

What they're saying: The implications of a ban would reverberate throughout the state, affecting small-business owners who have invested thousands to take part in the budding industry, Texas Hemp Federation executive director Jay Maguire told Axios.

• "Lt. Gov. Patrick's rhetoric about 'life-threatening products' and 'targeting children' is not grounded in science but rather in fearmongering," Maguire said. "Hemp-derived cannabinoids sold legally in Texas are subject to extensive testing and labeling requirements. Blaming responsible retailers for the actions of bad actors only punishes hard-working Texans."

Between the lines: Patrick said he believes the bill will have bipartisan support, but he could face an uphill battle finding supporters across the aisle — and in his own party.

• Texas Agriculture Commissioner Sid Miller, a Republican and a staunch proponent of the state's hemp industry, said "not everyone is on the same page on this."
• "The GOP needs to find some consensus instead of constantly running in opposite directions," Miller said Thursday. "We know what the polls say. It's time to support the will of the people of Texas."

Go deeper: Patrick said he wants the Legislature to pass the bill with "overwhelming support so it can become law immediately."

• In Texas, bills can go into effect immediately only if they are passed by at least two-thirds of each legislative body. If Gov. Greg Abbott, a fellow Republican, lists banning THC as an emergency issue this session, legislators will be able to vote on the ban as soon as February.

Flashback: As the delta-8 THC industry boomed in the state, the Texas Department of State Health Services placed the compound on the state's list of controlled substances in 2021, administratively banning it.

• A judge later issued a temporary order reversing the compound's inclusion on the list after Austin-based Hometown Hero CBD, a veteran-centered hemp company, filed a lawsuit claiming the department had no authority to do so. The case has yet to be decided.

What we're watching: Whether Republican leaders in the House fast-track or slow-play the bill.