AUSTIN, Texas — Gov. Greg Abbott has just days left to decide on Senate Bill 3, legislation that would ban the sale of THC products across Texas. If he doesn’t act by Sunday, the bill automatically becomes law.
Abbott has a few options: He can sign the bill, veto it, or call for a special session to revisit the issue. While a special session would be a long shot, political experts say it could offer more compromise.
“It would allow him to control the legislation a little bit more and probably craft something that can prevent him from losing votes among the hemp industry, which is, from what I hear, somewhere between $4 billion and $8 billion a year, but also not alienate some other conservatives that are pushing for this bill,” said Sam Houston State University Professor Michael Yawn.
Hemp sellers warn of business closures
Yawn says hemp sellers would likely accept stricter regulations voluntarily, such as childproof packaging and limits on distance from schools, if it means avoiding a complete ban.
The hemp industry and advocates have been vocal in their opposition. On the last day of the legislative session, boxes were delivered to the governor urging him to veto the bill.
At the bottom line, these stores want to stay in business and right now it’s up to the governor.
Enforcement could be costly, inconsistent
If the bill becomes law, enforcement could present challenges, especially in proving the percentage of THC content in products.
“The big issue is how do we know if there’s a 0.2% or 0.4% of the banned product? And at some level, you still have to be able to prove that there’s some of this in here,” said Yawn. “And that means that at the county level and at the DPS level, those labs have to be willing to run those tests and those counties, and the state has to have to be willing to bear the cost and the time of such test.”
He added that how cases are handled could vary widely based on geography.
“Right now, enforcement of this is a little bit of the Wild West in Texas,” said Yawn. “How you’re treated is going to depend a great deal not, on the law, which is consistent across Texas, but it’s going to depend on the county and their procedures for, actually deciding to prosecute or not to prosecute.”
Not a straight party-line issue
Lt. Gov. Dan Patrick is in full support of the ban, but Yawn notes the issue crosses party lines.
Earlier this week, Abbott said he still has thousands of bills to review, including Senate Bill 3.
