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Lt. Gov. Dan Patrick on Governor’s Cannabis Executive Order

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September 15 2025



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Disagreement on Policy


I disagree with the Governor on cannabis policy. We worked well together this session and will continue to do so. This issue divides us.


Executive Order Concerns


The Governor’s executive order signals state approval of the cannabis industry. Industry leaders claim it legitimizes their market, saying, “This is huge for our industry, coming from a full-out ban to this executive order.”


Industry Issues

Cannabis retailers target kids by opening near schools. They claim sales are for those 21 and older, but this is false. Most products remain illegal and mislabeled, with unknown ingredients. Law enforcement confirms these products cause harm.


Legislative Context


Texas never legalized recreational cannabis. An industry loophole allows potent cannabis products at nearly 9,000 locations. The legislature passed Senate Bill 3 to ban these products, but it was vetoed. A ban is the only way to protect kids, as age limits on alcohol and cigarettes fail to stop underage access. One potent cannabis product can permanently damage a young person’s mind. Undercover police videos from Dallas smoke shops show employees warning that incorrect doses could kill.


Failed Consensus


During the last session, the Governor, Speaker, and I couldn’t agree on safe cannabis concentration, serving size, or amount to prevent intoxication. No law was passed to protect the public.


Executive Order Shortfalls


  • Allows continued sale of dangerous synthetic cannabis products (Delta 8, Delta 10).

  • Permits high-potency Delta 9 products.

  • Does not stop stores near schools.

  • Anticipates driving under cannabis influence and related crimes, tasking agencies to study prevention.

  • Expects illegal resale markets reaching minors.

  • Relies on state police due to insufficient local enforcement.


Proposed Regulation


A 150-page regulation bill lacked support and wasn’t heard. House Bill 36 was canceled for the same reason. Neither was filed in the Senate. The Governor’s order mentions “enjoying” cannabis for those 21+, implying getting high.


Agreed Protections Ignored


We agreed to ban cannabis sales at smoke shops, gas stations, and corner stores, allow only Texas-grown hemp, and ban smokable cannabis, Delta 8, and Delta 10. The executive order ignores these.


Federal Misinterpretation


The order claims federal law prevents cannabis bans. Courts disagree:

  • 4th Circuit: The 2018 Farm Bill doesn’t restrict state regulation of hemp sales.

  • 7th Circuit: States aren’t required to legalize hemp.

  • 8th Circuit: States may choose to ban hemp.

Congress is now considering a full cannabis ban.


Public and Law Enforcement Stance


70% of Republicans oppose recreational cannabis regulation. The Senate passed a cannabis ban three times, supported by law enforcement, the Texas Pediatric Society, and the Texas Medical Association. Senate Bill 3 had 105 of 108 Republican votes.


Support for Medical Use


I support the Texas Compassionate Use Program for medical cannabis prescribed by doctors. I also support legal CBD and CBG. I oppose any path to recreational cannabis, avoiding outcomes like Colorado’s.


Open to Dialogue


I remain open to discussing this with the Governor.

 
 
 

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