Dan Patrick’s Hemp Ban Deserves Backlash and a Veto

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I mean, I suppose we should have seen it coming. 

After all, NPR was the first major outlet to report on the drop in drug overdoses in September of last year. They followed up on the story months later, calling the continued trend “historic” in its proportions. By December, the DEA confirmed the drop in drug overdoses, while also noting that there were fewer lethal fentanyl pills available.

So, Dan Patrick, Texas Lieutenant Governor, started 2025 with a problem because fentanyl overdoses had plummeted in Texas, too. And not because Texas prosecutors were bringing fentanyl dealers to trial despite all the howling that occurred in 2023 to make that a thing. Last but not least, public opinion was absolutely, positively not on his side.

Meaning, this year would likely be the last opportunity available for Patrick to correct an embarrassing mistake: accidentally giving Texans a reason to smile.  

First, for those who may have forgotten how we got to this point, a short recap. Back in 2019, the 86th Texas Legislature took time away from not providing healthcare access to low-income workers in the state to expend their efforts instead on hooking up farmers, as Republicans do. 

And so it came to pass that House Bill 1325 was introduced. By a sneaky Democrat as a means of bolstering agriculture by helping the fledgling hemp industry in Texas. However, after the bill was enacted, Texas Republicans would discover that these had been no ordinary, innocent, salt-of-the-earth lambs we were talking about. No, no, these were hemp farmers. 

Worse, those same in-touch Texas Republicans discovered that hemp contains THC. And that there were all kinds of tasty treats people could produce that contain the tiny amounts of THC found in hemp. And it was, 100 percent, Dan Patrick’s fault that Texans could now make, sell, and consume those treats. 

But truth be told, nobody was really mad about it. Not even the state of Texas. Just look at this Texas Department of Agriculture Industrial Hemp Page. Look how happy Sid is to be regulating a multibillion-dollar cash crop. He knew.

Still, it didn’t take long before the unthinkable happened. Cities in Texas started decriminalizing marijuana altogether. And not just major cities like Dallas. Smaller municipalities like Denton and Killeen also followed the decriminalization route, until Attorney General Ken Paxton sued them to make them back down. 

Despite all that, those drug overdoses simply kept dropping. 

Meanwhile, those hemp industry initiatives enacted by HB1325 to bolster agriculture, well, they had proved wildly successful. Between 2020 and 2023, sales of products made with hemp derivatives increased by 1283 percent. 

All of this was bound to create a panic in a party that has reliably blamed all drug abuse on a foreign country for the better part of a decade. It was getting harder to blame all THC availability on Mexico when hemp farming proved that Texans were quite adept at producing THC on their own.

Remember, Texas Republicans wouldn’t even accept that fentanyl abusers may have overdosed. No. They were classified as victims. Unlike other drug users, these folks had been knowingly “poisoned,” despite having knowingly acquired illegal drugs. It didn’t make sense then, and it certainly wouldn’t make sense in an environment where overdoses had already dropped dramatically.  

Which brings us back to Dan Patrick’s hemp ban now headed to Governor Greg Abbott’s desk. It will be interesting to see how Texas Republicans justify the fallout if he signs it. And make no mistake, there will be fallout. 

Because let’s just face it. Nobody ever believed Patrick’s claims that consumable hemp availability was responsible for “endangering” children. Which is why Rep. Ken King (R-Canadian), who chairs the House committee on State Affairs, rewrote the original bill in the first place. With the goal of addressing the “keep it out of kids’ hands” issue, rather than promoting an outright ban. Keep in mind, this rewrite came after hours of testimony from people who relied on the products for pain relief. 

Then gray-haired Tom Oliverson (R-Cypress) stepped up to offer his substitute (amendment), where he delivered this amazing speech. 

“As a physician, I cannot in good conscience support a system where Texans self-medicate with unregulated, inconsistent, and highly potent intoxicants. These substances are not medicine. They are psychosis-inducing, overdose-prone chemicals masquerading as relief. This substitute bans the sale of all consumable hemp products that contain THC. It draws a bright, enforceable line with no wiggle room.”

This unbelievable stance was uttered by a doctor in a state where close to a full quarter of the population lacks health insurance, a condition that his good conscience apparently has no problem supporting. Meanwhile, as a lawmaker, it clearly didn’t occur to him that he literally has the power to regulate those inconsistent, highly potent chemicals. 

But the worst part was how he heartlessly mocked those using hemp products for pain by piously claiming that the products only masquerade as relief. As opposed to what? Drinking the pain away? Would that be a more acceptable masquerade? One his conscience could support?   

And so that led to House Republicans taking the final step to enact Dan Patrick’s hemp ban and eliminate an industry that, by one estimate, now employs upwards of 50,000 people and generates $8 billion annually. That’s a lot of money to set on fire just to salvage Patrick’s wounded ego. 

Especially considering that everyone knows that the culture war, as it applies to marijuana, and frankly, Patrick’s doomed-to-fail hemp ban, is already lost. Including here in Texas.

So, stop blaming Mexican cartels for Texans liking marijuana and regulate it already. It’s time to admit that Prohibition has never, not even for a single day, actually worked.

“]] Dan Patrick’s hemp ban comes at a time when fentanyl availability and overdoses have reached their lowest points in the past decade.  Read More  

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