Texas lawmakers have passed Senate Bill 3, banning nonmedical sales and possession of THC and intoxicating hemp products, sending the measure to Gov. Greg Abbott for approval.
The legislation, which passed the Texas House 95-44 late Wednesday, imposes up to a year in jail for possessing any THC product, signaling a major shift in the state’s approach to cannabis. The bill passed the Texas Senate easily by a 24-7 vote in March, The Dallas Express reported.
The bill criminalizes both consumers as well as distributors and sellers.
“We are not banning hemp — we are banning high. If it gets you high, it is not legal anymore,” said state Rep. Tom Oliverson (R-Cypress), who sponsored the House bill. The Senate bill was authored by Sen. Charles Perry (R-Lubbock).
The ban includes Delta-8, Delta-9, and other forms of intoxicating THC, as well as cannabinoid retail sales, except for CBD and CBG.
Lt. Gov. Dan Patrick (R), a staunch supporter of the bill, emphasized its necessity.
“We cannot in good conscience leave Austin without banning THC,” Patrick said in a video posted Monday. “I’ve been here for 17 years at the Texas Capitol — 10 years as your lieutenant governor. I’ve never been more passionate about anything.”
He added in a statement, “Since 2019, retailers across Texas have exploited a state agriculture law to sell life-threatening, unregulated forms of Tetrahydrocannabinol to Texans, including children. These stores, which often target children with their marketing, have popped up across the state, threatening the safety of our communities. Today, the Texas Senate drew a line in the sand and passed SB 3 to ban all forms of intoxicating THC.”
The ban comes alongside efforts to expand Texas’s medical marijuana program, with legislation likely to pass this session that would increase covered conditions and license nearly a dozen new dispensaries. However, the new restrictions create stiffer penalties for possessing hemp products than for up to 2 ounces of marijuana, prompting criticism from opponents who argue it will fuel a black market.
“Bans don’t work,” state Rep. Rafael Anchía (D-Dallas) said, per The Hill. “We’ll return to a completely unregulated black market where these products will find their way to young people today. If anybody’s to blame about the state of affairs, it’s us, in underregulating this marketplace.”
The Texas Hemp Business Council, which advocated for safety measures like age verification and child-resistant packaging instead of a ban, vowed to sue over the bill.
“We are deeply disappointed by the Texas House’s passage of [SB3], a bill that dismantles the legal hemp industry and ignores the voices of small businesses, farmers, veterans and consumers across the state who rely on hemp-derived products for their livelihoods and well-being,” the council said in a statement, per CBS News.
A study funded by the Texas hemp industry estimates it generates over $5 billion in revenue and employs more than 53,000 workers at an average salary of $40,000. The Texas Tribune reported that the bill, if signed into law, would represent a “minor earthquake for the state’s economy.”
The controversy stems from a 2019 Texas law, following the 2018 federal Farm Bill, that legalized “consumable hemp” with 0.3% or less Delta-9 THC, inadvertently creating a loophole for other THC compounds like Delta-8 and Delta-10. This led to a proliferation of unregulated hemp products sold at dispensaries and gas stations.
“What began in 2019 as a bipartisan effort to support Texas agriculture has since been hijacked by a cottage industry of unregulated THC sellers,” Oliverson told the Texas Tribune.
Medical marijuana providers, subject to strict regulations, supported the hemp ban, arguing it threatens their industry.
John Burk, owner of Shell Shock CBD in Richardson, criticized the measure, saying, “Texans don’t want this.”
Burk, a veteran, told CBS News Texas that many veterans use THC as a less addictive alternative to opioids. “Let us be. Let combat veterans be. If we want to have a blunt, it’s no different than having an old-fashioned [drink] and kicking back,” he said during testimony in Austin.
