The House State Affairs Committee has scheduled a hearing on Monday for Senate Bill 3 and House Bill 28, two bills that aim to re-criminalize THC in Texas. While the bills are similar, they vary in scope and severity. Use these links for full policy overviews of SB 3 and HB 28, or review the policy highlights below.
Lt. Gov. Dan Patrick doesn’t have enough support in the House. He’s resorting to threatening to force a special session by holding must-pass legislation hostage to bully the House into supporting his ill-conceived THC ban.
Meanwhile, a new poll released a couple weeks ago reveals that an overwhelming 68% of Texas voters want consumable THC to remain legal but strictly regulated, with measures such as age restrictions and warning labels. Only 20% prefer an outright ban. The survey results, conducted by Baselice & Associates, found strong bipartisan support for keeping THC legal and regulated.
Monday will be a big day. See below for ways you can help and stay tuned for updates!
Both bills would also institute age restrictions for all consumable hemp products and require child-resistant packaging. Marketing and advertising would be limited as to not appeal to children and no products with any amount of any cannabinoid can be sold within 1,000 feet of a school.
We share concerns about youth access and potentially dangerous products sailing under the radar of regulators, but we oppose banning THC for responsible adult use. Such a ban would hand this multi-billion dollar industry over to the illicit market, abandoning all opportunity to enforce regulations.
Here are some of the most notable provisions of each bill:
Sen. Charles Perry’s Senate Bill 3
Consumable Hemp Products (CHPs)
- May only include CBD or CBG. No full spectrum products. Zero THC or any other cannabinoid other than CBD or CBG.
- Licensing fees increased. Manufacturers: $10K/location/year. Retailers: $20K/location/year.
- $10K penalty for regulatory violations, no warning required.
- All CHPs must be tested by an in-state laboratory.
- All CHPs must be registered with DSHS before retail sales. No claims of medical use.
- Smokable CHPs banned. Mail order shipments banned.
Rep. Ken King’s House Bill 28
Consumable Hemp Products (CHPs)
- May only include CBD, CBG, or natural THC Delta 9. No full spectrum products.
- “Synthesized cannabinoids” may not be manufactured in-state.
- Licensing fees increased. Manufacturers: $5K, $2.5K renewal/location. Retailers:$2K/location annually.
- $20K penalty for regulatory violations, no warning required.
- All CHPs must be tested by in-state laboratories.
- All CHPs must be registered with DSHS before retail sales. No claims of medical use.
- THC D9 cap of .3% or up to 10mg/serving, 10mg/package, and 10mg/transaction.
- Edible, smokable, and vape CHPs banned. Mail order shipments banned.
- Growing and selling hemp flower subject to department rule.
- Instructs DSHS to establish a plan to transfer regulatory authority to TABC.
REMINDER: All communications with lawmakers should be respectful and professional to make the best impression. This issue is too important for anything less than our very best efforts.
Submit Public Comment Online
Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned. Submit public comments.
Submit Written Testimony in Person
Written testimony is a great way to share your personal story or professional experience with committee members. It’s recommended that you limit written testimony to 1-2 pages. Be sure to clearly indicate the bill number and your position on the bill.
Print 20 copies of your testimony and deliver it to the committee clerk in the hearing room.
Oppose SB 3/HB 28 in Person, No Testimony
Testifying at a public hearing might not be for you, but you are encouraged to still SHOW UP AT THE CAPITOL in opposition to SB 3/HB 28. You can sign up AGAINST these two bills without testifying. This is a great way to show support for the cause without the pressure of testifying before the State Affairs Committee. Learn more about signing up against these two bills.
Testify During the Hearing (2min)
It’s important for lawmakers to understand how proposed legislation will impact people across the state. If you have a compelling story to share or professional experience that can inform committee members, it may be helpful for you to testify. Testimony will be limited to 2 minutes per person.
We recommend keeping your remarks concise and respectful. Use your written testimony to expand on your background and position on this bill. You can also attach additional resources to your testimony. Try to avoid repeating points that have been made by other witnesses and do your best to speak directly to the committee, rather than reading, if you can avoid it. Learn more about how to sign up to speak.
Parking and Accessibility
Parking is limited around the Capitol Complex. We recommend using a rideshare service or arriving early to secure a spot in the Capitol Visitors Parking Garage: 1201 San Jacinto Blvd, Austin, Texas 78701.
Alternative parking options available here. Click here to find the ADA accessibility map of the Capitol.
