SENATE AGAIN APPROVES BAN ON THC
(AUSTIN) — The Senate tentatively approved Wednesday a bill that would ban the presence of any amount of any form of THC in hemp-derived consumables, similar to the measure vetoed by Governor Greg Abbott that prompted him to call lawmakers back into Austin. The bill would ban the presence of any cannabinoid – including the intoxicant THC and all its variants – except for CBD and CBG. It would also permit the sale of three hemp derived products: protein powder, hulled seed, and hempseed oil. It does strengthen regulations on those products and limits the sale to people aged 21 or older.
Senator Charles Perry of Lubbock’s SB 5 would ban the presence of any amount of any form of the intoxicating chemical THC in any hemp-derived consumable.
The issue stems from the legalization of industrial hemp, permitted by the 2018 federal farm bill. In 2019, Lubbock Senator Charles Perry carried a bill that would’ve permitted the cultivation of industrialized hemp – which by law cannot contain concentrations above 0.3 percent THC by weight – that he hoped would develop a robust hemp fiber industry in the state. Instead, he said that an industry arose producing highly intoxicating hemp-derived consumables, one that was bringing in $8 billion per year across more than 8,000 vendors located in virtually every community in Texas. In response, both the House and Senate passed bills during the regular session that would ban the presence of THC in any hemp consumable. Abbott vetoed that bill, SB 3 by Perry, saying that he worried such legislation would get tied up in litigation for years. Instead, he laid out a possible regulatory framework that would still allow the sale of some THC-containing products to adults. That was a non-starter for Lt. Governor Dan Patrick, who saw the proposal as a path to make recreational marijuana essentially legal in Texas. “I will not sign a bill that legalizes marijuana in Texas,” he said at a June press conference the day after Abbott’s veto.
As in the regular session, Perry lamented that what was supposed to be a boon for Texas farmers turned into a drug market, with vendors hawking unregulated consumables with unknown or improperly labeled quantities of THC, which could send people to the emergency room and in rare cases, induce psychosis. Lacking state oversight, he said, producers and vendors never took steps to keep these products out of the hands of minors, selling colorful, candy-like products in the vicinity of schools. Because of this, Perry said, he doesn’t trust the industry to act as a good faith partner in any regulatory system. “They had every opportunity in the world,” to regulate, he said. “We’re trying to regulate [an industry] that for six years has shown they have no integrity.”
While there was broad agreement among members that these products should be kept out of the hands of children, some members raised concerns about adults who use these products to treat a variety of ailments, from chronic pain to PTSD. Though the state expanded its medicinal program, the Texas Compassionate Use Program (TCUP), in response to similar concerns expressed during the regular session, some worried that the expansion won’t happen fast enough to meet the legitimate medical needs of some individuals. It was the expense and inconvenience of this program, said San Antonio Senator José Menéndez, that drove so many people to seek relief through hemp-derived consumables, treatments that they found effective. “I am so much in agreement with you on keeping kids safe, I’m in agreement with getting this stuff out of gas stations,” he told Perry. “I wish we could get to a place where we don’t pull the rug out from under people.” Perry allowed that there will be a gap before the program can be expanded to serve everyone with a legitimate need, but that DPS, who will administer the program, is aware of the urgency.
The bill must face another, final vote, likely when the Senate meets again on Friday. Then the issue shifts to the House and ultimately, the governor. The House has filed an identical bill to SB 5 but has yet to hold a hearing. Should both chambers approve the ban, it would be up to Abbott as to whether he wants to veto the bill again and call another special session on the issue or acquiesce to the will of the legislature.
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