Texas Senate Again Votes To Ban THC Hemp Products Despite Governor’s Push For Regulations

By Kyle Jaeger

As the second special session of the Texas legislature commences, the state Senate has again approved a bill to that would ban hemp THC products.

Despite Gov. Greg Abbott (R) renewing his call for a regulatory model for intoxicating cannabinoids and an age limit of 21 to purchase such products, the Senate on Tuesday passed legislation from Sen. Charles Perry (R) to recriminalize the market in a 22-8 vote on third reading consideration. A day earlier the body had given initial approval to the measure on second reading.

This comes days after the Senate State Affairs Committee unanimously approved the proposal, which followed the full Senate’s passage of an identical bill in the first regular session this year.

“Nothing’s changed, other than the fact that more and more information comes out every week regarding the impact and effects of THC on the brain the body and long term use, and the impacts of that,” Perry said ahead of the initial vote on Monday. “This stuff is not good and it’s harmful for those that use it, specifically on a long-term basis.”

Before Tuesday’s final vote, Perry claimed that “every state that has legalized recreational pot may have less people in prison, but they have more people laying on the street—and definitely, from a business community, less people working because of lost productivity.”

“With that, I hope that the ban goes through…and sends a strong message: We don’t need to be another California, Colorado, Oregon, New Mexico, New York City,” he said.

Democratic House lawmakers staged a walkout during the first special session Abbott convened—denying the chamber a quorum in protest of a proposed redistricting plan for the state’s congressional map. Now as those members have ended their protest and head back to the legislature, hemp legislation is advancing again.

The bill approved by the Senate would continue to outright ban cannabis products with “any amount” of cannabinoids other the CBD and CBG. Even mere possession of a prohibited cannabis item would be punishable as a Class B misdemeanor, carrying up to 180 days in jail and a $2,000 fine.

The measure still needs a final third reading vote before it heads to the House of Representatives.

While Perry’s measure that has moved through the Senate would impose a complete ban on hemp containing any THC, Abbott said in his latest proclamation that he wanted to see a measure sent to his desk that would “comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning lawful hemp-derived products.”

Hemp advocates and industry stakeholders say that would effectively eradicate the state’s market, as there are very few businesses that manufacture isolated CBD or CBG products that contain no traces to THC or other cannabinoids. Federal law allows hemp products containing up to 0.3 percent THC by dry weight.

A similar bill from Perry passed the Senate during the first special session but did not advance in the House.

Several other hemp and marijuana bills have been filed for the second special session, including one from Rep. Charlie Geren (R) would follow the governor’s directive to make it so consumable hemp products could only be purchased by adults 21 and older.

Ahead of the end of the first special session, the House Public Health Committee took up the prior bill to ban consumable hemp products containing THC, without taking action on it.

Abbott vetoed an earlier version of the controversial proposal that passed during this year’s regular session, and he more recently outlined what he’d like to see in a revised version of the bill.

Some, including Lt. Gov. Dan Patrick (R) and Senate bill sponsor Perry, have insisted that an outright ban is a public safety imperative to rid the state of intoxicating products that have proliferated since the crop was federally legalized in 2018. Others say the legislature should instead enact regulations for the market to prevent youth access while still allowing adults 21 and older to access the products and preserving the massive industry.