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Some forms of THC will remain legal in Texas, after Gov. Greg Abbott vetoed Senate Bill 3 late Sunday night.
Abbott said he will call a special legislative session to begin on July 21 “to craft a law that does as much as possible to corral the problems while also being structured so that it can go into effect this year.”
Shortly after the bill was vetoed, Texas Lt. Gov. Dan Patrick, one of the staunchest supporters of SB3, called out Abbott, saying he remained totally silent on the bill throughout the legislative session.
“His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones‘ lives destroyed by these very dangerous drugs, leaves them feeling abandoned,” Patrick posted on X. “I feel especially bad for those who testified and poured their hearts out on their tragic losses.”
Patrick said he will have more to say about the veto at a press conference Monday in Austin.
Bill to ban THC in Texas
Senate Bill 3, authored by Sen. Charles Perry, bans Delta 8, Delta 9 and all other forms of intoxicating THC, including beverages. It also prohibits the retail sale of any cannabinoid in the state, with the exception of CBD and CBG.
Patrick said the bill does not affect Texas’ Compassionate Use Program.
Over the past decade, thousands of CBD shops have opened across Texas, selling cannabis products with varying levels of THC, which has a psychoactive effect.
Why some THC is legal in Texas
The federal and Texas governments legalized hemp in 2018 and 2019, respectively, with agricultural uses in mind. The laws differentiated hemp from illegal forms of cannabis by defining it as having 0.3% “delta-9 tetrahydrocannabinol” or less. The laws didn’t explicitly cap other forms of THC, like delta-8 and delta-10, which aren’t naturally found in large quantities, but have similar psychoactive effects to delta-9.
Cannabis companies jumped on the loophole, providing Texas retailers with products containing the unregulated THC compounds.
The bill was a top priority for Patrick during the legislative session in Austin. He claimed that the stores selling THC products were targeting adults and children, and were putting Texans in danger.
Senate Bill 3 passed the House 87-54, mostly along party lines. The Senate passed the final version 25-6.
Strong opposition to SB3
As the bill was being debated, hundreds of people turned up at the Capitol to advocate against it. Since the bill passed, the opposition has turned its eyes towards Abbott, asking that he veto it.
The governor had not publicly commented on the bill.
An internet petition promoted by the Texas Hemp Business Council received more than 150,000 signatures, and the group has delivered thousands of letters to Abbott’s office pleading for a veto.
After the veto, the council said in a statement: “Governor Greg Abbott’s veto of SB 3 reinforces Texas’ reputation as a leader in business innovation and practical policymaking. By choosing balance over overreach, Governor Abbott protected a vibrant, federally legal hemp industry that employs 53,000 Texans and generates over $4.3 billion in annual sales.”
Opponents argued that if the bill became law, it would force thousands of people out of their jobs and cause billions of dollars in economic losses for the state from what has become a booming industry. They also argue it would harm veterans and others who use THC instead of opioids to treat chronic pain, forcing them to buy from drug dealers to get the same relief.
Survey data from a pollster aligned with President Trump found that most Texans would like to see stricter regulations around THC, but a large majority of voters, and 44% of Republicans, oppose a ban.
What is the difference between THC and CBD?
Tetrahydrocannabinol (THC) and its sibling, cannabidiol (CBD), are produced by the same cannabis plant and have similar chemical structures but differ dramatically in their mechanisms of action and effects on brain functions, according to the National Institutes of Health.
THC and CBD both have therapeutic properties, however, impairments and increased incidence of mental health diseases are associated with acute and chronic THC use, according to the NIH.
NIH also said there are significant side effects are associated with chronic use of high-dose CBD.
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