Senator Charles Perry’s THC prohibition bill - SB 5 - is moving very quickly. The controversial legislation was introduced on the first day of the special session and immediately scheduled for a hearing the next morning. In spite of the last minute hearing, advocates from across the state traveled to Austin to testify and voice opposition to SB 5. Video of the full hearing can be found here. SB 5 updates and a full policy overview can be found here.
During my testimony, I focused on the harms of prohibition, emphasizing that we can only mitigate youth access and ensure consumer protection through regulation. I also expressed significant concern about the bill’s provisions that criminalize possession of unapproved hemp products.
Sen. Perry pushed back saying there is no jail for first and second offenses, which isn’t accurate. While there is no jail time associated with Class C Misdemeanors, a person can (and usually will be) arrested/taken to jail, prosecuted, and saddled with a permanent criminal record for a drug offense which hinders their access to education, employment, housing, child custody, etc.
Even worse, though, are the compounding charges for possessing an unregistered product. In addition to the Class C Misd. for possession of a product that contains any amount of any cannabinoid other than CBD or CBG, a person would face an additional Class B Misd., which carries a penalty of up to SIX MONTHS in jail.
Even after hours of compelling testimony, the Senate State Affairs committee voted unanimously to approve SB 5, advancing the bill to the Texas Senate for a vote. The Senate meets on Thursday (7/24) and could vote on SB 5. If passed, the bill will then move on to the Texas House where our state representatives are much more inclined to support regulation.
TAKE ACTION: Contact your Senator and ask them to vote NO on SB 5!
In multiple interviews yesterday, Gov. Abbott reiterated his support for THC regulation, not prohibition. For the first time, he discussed THC limits for adult-use products. This is consistent with his SB 3 veto proclamation and we hope to work with his office to ensure any limits placed on THC are reasonable.
Onward!