As many have expected, Lieutenant Governor Dan Patrick is moving full force ahead with his plan to ban hemp-derived THC. Authored by Sen. Charles Perry, Senate Bill 3 will be a top priority for the Senate, but the bill’s details have not yet been made public.
While we share their concern about youth access and potentially dangerous products sailing under the radar of regulators, we oppose banning cannabis for responsible adult use. Such a ban would hand this multi-billion dollar industry over to the illicit market, abandoning all opportunity to properly regulate the industry. Banning THC would be harmful to our state’s commitment to public health and safety.
Like much of the industry, we welcome reasonable regulations like age restrictions to keep THC products away from young people. We also support better guidance for packaging and advertising, consistent testing standards for in and out-of-state products, and most importantly, we support effective regulatory oversight by empowering the Department of State Health Services to enforce rules already on the books.
(See my written testimony, including policy recommendations, at the bottom of this page.)
Here is Lt. Gov. Patrick’s press release on the subject:
For anyone paying attention, the writing has been on the wall.
Between legislative sessions (known as the “interim”), committees of lawmakers are tasked with “interim charges,” which call on them to study various areas of policy and make recommendations. Earlier this year, Lt. Gov. Patrick tasked the Senate State Affairs Committee with two cannabis related interim charges:
- Banning Delta 8 and 9: Examine the sale of intoxicating hemp products in Texas. Make recommendations to further regulate the sale of these products, and suggest legislation to stop retailers who market these products to children.
- Beverages with THC: Evaluate Texas laws and regulations concerning THC beverage manufacturing and delivery. Report on the current regulations and safeguards Texas may or may not have in place for drinks with any amount of THC. Recommend legislation to protect Texas consumers.
In May, the committee, led by Chairman Bryan Hughes, hosted its first hearing about “Banning Delta 8 and 9.” Few of the witnesses who testified supported an outright ban. Most called on the committee to better regulate THC products. Watch the invited testimony here:
Public testimony can be watched here, starting @7:41:15.
This hearing marked the beginning of their process to make recommendations that will be considered during the next legislative session, which will run from January 14, 2025 to June 2, 2025. These recommendations are likely to be reflected in SB 3, once it’s made available to the public.
In October, Chairman Hughes and the committee, which includes Sen. Perry, hosted a second hearing on “Beverages with THC.” Watch the hearing here:
Texas is taking an uncharted path of cannabis law reform. We remain dedicated to enacting a system of reasonable regulation and a legal market for responsible adult use of cannabis.
Advocacy is more important now than ever before. Be sure to contact your State Representative and State Senator so they know where you stand on this important issue!
In September, we hosted the Texas Cannabis Policy Conference at Texas A&M University.
Policy experts, industry leaders, and advocates discussed many of the most important cannabis policy issues our state is facing. Videos available here!
