What are y’all going to do about it?
Sydney Torabi, co-founder of Austin-based Restart CBD, could only watch in disbelief late Wednesday night as the Texas House delivered a key vote to push through a ban on all products containing THC, essentially stripping her of a significant piece of her livelihood by this fall.
“My jaw dropped. I didn’t understand the outcome,” said Torabi, who started her business with her sister seven years ago.
Senate Bill 3 by Sen. Charles Perry, a Lubbock Republican who also carried the 2019 hemp legalization bill that created the THC proliferation, would penalize violators who knowingly possess hemp products with any amount of THC with a misdemeanor that can carry up to a year in jail. Those who manufacture or sell these products would face up to 10 years in prison. The measure is a few procedural steps away from going to Gov. Greg Abbott’s desk.
As of April 2024, Texas had over 7,000 registered hemp sellers. The state’s hemp industry is estimated to employ more than 50,000 people and generate $7 billion in tax revenue annually, according to a study done by Whitney Economics. However, with THC-containing hemp products, like gummies, drinks, lotions, clothing, coffee, and much more, slated to be criminalized by Sept. 1, retailers are telling The Texas Tribune they plan to close shop, ship their product out in mass, or stay open and be declared a drug dealer by the state while they fight the issue in the courts.
“It’s devastating,” Torabi said, adding that she was disheartened that other bills had been held hostage until Senate Bill 3 was passed. “That is the saddest part. [Lt. Gov. Dan Patrick] used people against people and surprised everyone.”
This session, Patrick, who oversees the Senate, has led the charge to ban THC, accusing retailers of preying on susceptible minors by setting up stores near schools and marketing products to children.
“We cannot in good conscience leave Austin without banning THC, which is harming our children, and destroying Texans’ lives and families,” Patrick said in a social media post before Senate Bill 3 passed.
The GOP-controlled Legislature authorized the sale of consumable hemp a year after it was legalized nationwide to boost Texas agriculture by allowing the commercialization of hemp containing trace amounts of delta-9 THC.
What ensued was a proliferation of hemp products sold at dispensaries and convenience stores across the state.
“We are deeply disappointed by the Texas House’s passage of SB 3, a bill that dismantles the legal hemp industry and ignores the voices of small businesses, farmers, veterans and consumers across the state who rely on hemp-derived products for their livelihoods and well-being,” according to a statement from the Texas Hemp Business Council on Thursday. “We urge Governor Abbott to reject SB 3 and protect the tens of thousands of hardworking Texans.”
Hemp manufacturers and retailers had championed to House lawmakers their willingness to adopt stricter oversight and licensing requirements. Lawmakers in the lower chamber initially seemed willing to adopt regulations despite an outright ban, which makes the sequence of events this week feel like a betrayal to many business owners.
“I know there are some people in the House who care. It’s just unfortunate,” Torabi said.
[…]
Some of the most vigorous opposition to the all-out ban on hemp products has come from those who use it for medical purposes. Veterans, parents of kids with mental health or physical disabilities, and the elderly spoke to lawmakers this year about the importance of having easy access to hemp products, not the medical marijuana program.
The Legislature is considering plans to expand the state’s medical marijuana program by April 2026. Even so, some users have said they would strongly prefer to continue buying products at smoke shops, because doing so is cheaper, more accessible, and does not require an expensive and sometimes far-away visit to a medical professional.
You know what I think. There’s no way Abbott vetoes SB3, and while maybe a district court judge might impose a temporary restraining order on the law, I cannot see it ultimately prevailing. Hell, I doubt it survives the 15th Court of Appeals, and it won’t surprise me at all if the Supreme Court lifts any TROs while the case gets litigated. The many people who will be affected by this, from the retailers and their employees to the many users of their products, have two choices: Cut and run, or stay and fight. You want to get access to THC restored in Texas, it starts by voting Dan Patrick out of office. If you don’t do that, it could be many, many years before another opportunity to move the needle comes along.