Texas House passes THC ban, threatening massive hemp industry
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The Texas House on Thursday approved a ban on THC just six years after the Legislature legalized it.
Why it matters: The move spells trouble for Texas' multibillion-dollar hemp industry, leaving those who rely on legal over-the-counter THC products, including veterans, in the lurch.
Driving the news: The Texas House passed Senate Bill 3, already passed by the Senate, 87-54. The bill will now go back to the Senate to approve minor changes — and then likely to Gov. Greg Abbott's desk.
- Abbott, who can veto the effort, hasn't indicated his thoughts on the issue. When asked about his stance on the bill, his office told the Texas Tribune he "will thoughtfully review any legislation sent to his desk."
Context: The fight is over consumable delta-8 THC, which Texas lawmakers legalized in 2019.
- Delta-8 THC is a minor chemical variant of the main psychoactive ingredient in traditional cannabis and provides lesser psychoactive effects. It can be coupled with CBD, another hemp-derived compound used for pain relief and mental wellness.
- In 2019, Abbott signed the Texas farm bill, which partly legalized products containing small amounts of hemp-derived delta-8 THC, including edibles, beverages, vapes and traditional bud.
Yes, but: Lt. Gov. Dan Patrick in 2024 waged war on the substance, saying products were being sold with "unlimited THC" and marketed to children with "life-threatening" consequences.
- With Patrick's backing, state Sen. Charles Perry (R-Lubbock) filed the THC ban bill in February. The Senate passed it 26-5 in March.
Friction point: The Legislature appeared torn on how to move forward with consumable hemp-derived THC.
- Republican state Rep. Ken King filed House Bill 28, competing legislation seeking to instead regulate legal THC by imposing age restrictions, banning synthetic cannabinoids and introducing strict licensing requirements for the hemp industry.
- That bill received a hearing in the House Committee on State Affairs on April 7, the same day the committee heard testimony on SB 3. While SB 3 was voted out of the committee in the following days, HB 28 languished.
What they're saying: "Banning this entire category won't protect children, but it will have devastating economic impacts on Texas hemp farmers, retailers, distributors and more," Jake Bullock, CEO of THC beverage company Cann, sold across Texas, said in a statement.
- "Instead of imposing the sensible regulations companies like ours have been advocating for … lawmakers compounded the problem by driving dangerous untested high-dose synthetic products underground and by taking away adults' freedom to choose the safe products they want," Bullock said.
The other side: Patrick said regulating THC isn't possible, calling the substance "poison" in a social media video he shared this week.
- "We can't regulate it," Patrick said. "We don't have enough police to check every store when there are 8,000 to 9,000 of them."
The big picture: The move comes as more states have loosened cannabis restrictions in recent years. Twenty-four states and the District of Columbia allow the sale of marijuana for recreational purposes, and medical marijuana is legal in 39 states, including a limited program in Texas, and the district, per Stateline.
- Some states are moving to restrict the potency of legal marijuana, however.
Editor's note: This story has been updated with new information after the House vote on Thursday.