Our state's current cannabis laws are unnecessarily complicated, inconsistent, and ineffective.
We encourage lawmakers to institute safeguards 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. Most importantly, we support effective regulatory oversight by empowering the Department of State Health Services.
(Find our policy recommendations below.)
Now is the time to call on legislators to support sensible cannabis policies that prioritize regulation over prohibition, keeping Texans safe and our economy thriving!
Join us in calling on state lawmakers to legalize possession and establish an effective regulatory infrastructure for Texas business owners to grow, manufacture, and sell safe cannabis products.
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.
Reasonable regulations, such as age restrictions, clear labeling, and testing standards, can address these concerns. The Department of State Health Services should be empowered to enforce these rules effectively, ensuring a safer marketplace.
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. Lt. Gov. Patrick tasked the Senate State Affairs Committee with two cannabis-related interim charges:
On May 29, 2024, the committee, led by Chairman Bryan Hughes, hosted a hearing about "Banning Delta 8 and 9." Few witnesses testified in support of an outright ban on THC. Most witnesses called on the committee to better regulate THC products. Watch testimony from invited witnesses.
Public testimony can be watched here, starting @7:41:15.
May's hearing marked the beginning of the committee's process to make recommendations that will be considered during the 2025 legislative session. These recommendations are likely to be reflected in Senate Bill 3, once the bill text is made available to the public.
On October 27, 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. Our Legislature will convene from January 14 to June 2, 2025.
Join us in calling on lawmakers to enact a system of reasonable regulation and a legal market for responsible adult use of cannabis!
The under-regulated consumable hemp industry in Texas poses several concerns. First, while many retailers voluntarily ID their customers and only sell to adults, there are no legally-binding age restrictions in place for products that may cause impairment. Second, there is a lack of standards when it comes to testing these products. Finally, the Department of Health and Human Services (DSHS) has been unable to adequately enforce the rules.
In the interest of public health and safety, we share the common goal of consumer protection and keeping impairing hemp products away from children. To address these issues, it is imperative that we institute and enforce common sense regulations.
We propose the following solutions to ensure public health and safety:
1. Age Restrictions: Implement age restrictions for the sale of impairing hemp products. This will help prevent children from accessing these products and ensure they are only available for adult use.
2. Responsible Packaging and Advertising Standards: Enforce packaging and advertising standards to avoid appealing to children. Products that cause impairment should be clearly labeled, synthetic derivatives should be disclosed, and Certificates of Analysis (COAs) should be more routinely verified by DSHS.
3. Lab Testing Standards and Procedures for Recall: Establish more robust lab testing standards to identify contaminants such as pesticides, molds, heavy metals, and (most importantly) residual solvents. The real danger when it comes to synthetic THC products is in the way it’s processed, and the chemicals left behind. Current regulations require rigorous testing for Texas-made products, but out-of-state products are subject only to the testing requirements of the jurisdiction they came from. We should have some minimum safety standards in place for any out-of-state products sold by Texas retailers. Products found to be dangerous should be promptly recalled and warnings issued by DSHS to safeguard public health.
4. Licensing and Accountability: Enforce the requirement that all retailers of consumable hemp products become registered with DSHS. Additionally, DSHS should be empowered to do much more random testing of products. When dangerous products are identified, manufacturers and retailers must be held accountable.
We urge the Texas Legislature to take action to ensure the implementation and enforcement of reasonable THC regulations. By addressing age restrictions, responsible packaging and advertising standards, lab testing protocols, and regulatory enforcement, we can ensure consumer protection and restrict youth access.
Note: It is important to acknowledge that the demand for Delta 8 THC and other intoxicating hemp products exists because our state maintains a policy of prohibition of naturally occurring Delta 9 THC cannabis products. Just like any other market, the cannabis industry operates based on supply and demand. Through innovation and the spirit of free enterprise, American entrepreneurs have discovered how to convert hemp-derived CBD into THC products. However, very few consumers would choose synthetic THC over botanical cannabis with naturally occurring THC if it were legal.
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