The Texas Senate on Wednesday preliminarily approved its second attempt to ban hemp-derived THC, setting up a showdown with the House, where hemp industry members say they’ll be getting more support.
Senate Bill 5 by Sen. Charles Perry, R-Lubbock, tentatively voted 20-9 to advance the bill to a final vote, which will occur in the coming days. The bill would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. This bill would eliminate the majority of hemp products, including those that are legal under the federal definition.
Perry, on Wednesday, repeatedly emphasized that the intent of hemp legalization was never for THC to be widely available to the public and that most of the products being sold in Texas as hemp, in his opinion, should be considered federally illegal. He also criticized people who say there are medical benefits to THC, saying it has never been approved for that use.
“Texas has never gotten its medical treatment from gas stations over the counter,” Perry said.
The Republican lawmaker also pushed against Gov. Greg Abbott’s suggestion to regulate hemp like alcohol, saying law enforcement doesn’t have the manpower to regulate the alcohol industry, let alone the THC market.
“Prohibition sets a bright line for enforcement,” he said. “…If I were alive in the 30s, would I have been a prohibitionist? I probably would have knowing what I know today.”
What happens to all the hemp products when it becomes illegal? Perry said it wasn’t his concern.
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Also on Wednesday, Sen. Nathan Johnson, D-Dallas, filed two bills that offer regulation over a ban. Senate Bill 53 would create safety standards for hemp-derived products, including raising the age to 21, capping consumable products at 5 mg per serving, mandatory child-safe packaging, and redirecting tax revenue from THC to support public health and law enforcement. His Senate Bill 54 would decriminalize personal marijuana use in small amounts.
This clash of options is expected to play out over the next couple of weeks as a section of lawmakers, including Lt. Gov. Dan Patrick and Perry, are determined to ban the product outright, while others are looking for a way for THC products to stay but be regulated.
Abbott has asked lawmakers to prioritize hemp regulatory issues during the 30-day special session, which began last week. SB 5 is essentially a revival of Senate Bill 3 from this year’s regular legislative session, which lawmakers passed but Abbott vetoed.
Abbott, in his veto, urged lawmakers to regulate hemp sales similarly to liquor sales, by prohibiting sales near places frequented by children, and banning sales to anyone under the age of 21, with strict penalties for any retailer that fails to comply. The hemp industry has primarily been amenable to these restrictions.
Abbott’s office recently clarified that he supports a ban for those under 21, with a full ban on “extraordinarily dangerous synthetic products.”
We are here because of Abbott’s veto of this same bill from the regular session. I fully expected Dan Patrick to act as though this was just a mere obstacle for him to plow through, and he fulfilled that expectation. Abbott has since largely flip-flopped, though as far as I know it remains the case that SB5 is not what he wanted. I don’t know if the House will re-pass a ban as well – it’s hard to imagine a better example of Republican legislative dysfunction if they do – or if nothing gets passed. Great job, everyone.