Senator Nathan Johnson Introduces Pair of THC Regulation Bills

Senator Nathan Johnson says:

Texas’s outdated cannabis laws create confusion and risk.

Present THC laws are inconsistent and inadequate to protect kids and the public. No uniform testing, labeling, or age limits for hemp-derived THC.

My SB 53 (Hemp-Derived THC Regulation) and SB 54 (Decriminalizing Adult-Use Cannabis) bills create a responsible regulatory framework.

Senate Bill 53 sets clear, enforceable rules: testing, 5 mg per serving cap, 21+ age limit, business licenses, and an oversight fund.

Senate Bill 54 ends low-level arrests and supports law enforcement combating high-level crime: decriminalizes small amounts, allows limited home cultivation, creates a regulated market, sets a 21+ age minimum, clears low-level convictions, and funds community oversight.

My Comprehensive Cannabis Reform Package brings SAFETY, CLARITY, and ACCESS to the market.

Read my full statement here: bit.ly/45rrAhv

SB 53: Hemp-Derived THC Regulation

Background:

In 2019, HB 1325 legalized industrial hemp cultivation, production, manufacture, and sale in Texas. Six years later, the market for consumable hemp-derived THC products and beverages has boomed – generating more than $300 million in sales taxes alone and providing an alternative avenue for Texans who are either ineligible or unable to join the Compassionate Use Program.

While this market has largely been able to self-regulate, there are glaring gaps that risk destabilizing the market and potentially harming both adults and children:

1. No age restrictions.

2. No statewide hemp product and beverage testing standards.

3. No marketing or packaging regulations.

4. No centralized agency with expertise in THC products that can update industry standards, rules, and regulations.

This legislation aims to address these gaps by establishing a regulatory framework that protects people from unregulated products while also creating certainty for businesses to operate confidently.

Board Provisions of Legislation:

• Legislative intent to create the Texas Hemp and Cannabis Commission:

• TABC will be the initial agency to oversee the implementation and compliance.

• The advisory committee created under TABC will provide a report with a clear roadmap on the creation of THCC by the 90th Legislative Session.

• TDA, DSHS, and DPS will be partners with THCC after the transition takes place to best ensure public safety and health.

• Allow for the production, distribution, sale, and consumption of consumable hemp products and beverages, 5mg of THC per serving

• License and permit requirements for retailers, brewers, manufacturers, distributors, and farmers.

• Raw hemp biomass, product, and beverage testing requirements to ensure federal compliance, as well as safety for consumers.

• Youth protections, including:

• Age restriction to adult use (21+).

• Marketing and advertising restrictions.

• Retail location restrictions.

• Moderate taxes to fund the implementation compliance of new regulations, as well as other state programs.

• Criminal and civil liabilities for violating certain provisions within the chapter.

A detailed bill analysis will be circulated when the draft is received from legislative council. If you have any questions, please reach out to Jordan Cooley at Jordan.Cooley@senate.texas.gov.

SB 54: Decriminalizing Adult-Use Cannabis

Background:

Over 20 states have implemented some level of marijuana decriminalization. In Texas, we currently have a disjointed cannabis and THC ecosystem:

1. The Texas Compassionate Use Program provides access to medical cannabis for patients who qualify,

but only 5.5% of counties in the state have access to a dispensary or off-site pickup location for the medication;

2. The hemp-derived THC market created products and beverages that are federally legal, but have been left unregulated since 2019; and

3. Marijuana remains illegal, representing more than 30% of total drug possession arrests in 2023.

Decriminalizing adult-use cannabis would put Texas on par with nearly half of the nation, create a more cohesive cannabis ecosystem for regulation, and allow for law enforcement officers to concentrate on violent crimes.

Board Provisions of Legislation:

• Outlines legislative intent to create the Texas Hemp and Cannabis Commission (THCC)

• TABC will be the initial agency to oversee the implementation and compliance.

• The advisory committee created under TABC will provide a report with a clear roadmap on the creation of THCC by the 90th Legislative Session.

• TDA, DSHS, and DPS will be partners with THCC after the transition takes place to best ensure public safety and health.

• Legalizes:

• Up to two ounces of cannabis on person;

• Up to 10 ounces within a household as long as it is properly sealed (child-proof tampering) and stored (out of sight); and

• Up to six plants, home cultivation; half must not be flowering or matured.

• Moderate taxes to fund the implementation compliance of new regulations, as well as other state programs.

• Tasks the commission to create rules and regulations for cannabis growers, beverage brewers, product manufacturers, and retail establishments that ensures public health and safety are a priority, including:

• Product and beverage testing requirements.

• Age restriction to adult use (21+).

• Marketing and advertising restrictions.

• Restrictions on public consumption.

• Retail location restrictions.

• Creates an expunction pathway for people who would not have been held criminally liable under the new law.

A detailed bill analysis will be circulated when the draft is received from the legislative council. If you have any questions, please reach out to Jordan Cooley at Jordan.Cooley@senate.texas.gov.