The Texas Senate has passed a bill that would prohibit the sale of any product containing THC, the psychoactive component in cannabis. This legislative move is a response to the growing market of consumable hemp products that exploit a loophole in a 2019 law designed to establish an industrial hemp industry in Texas. The original law allowed for hemp plants with less than 0.3% THC concentration, aiming to develop a non-consumable agricultural sector.
Senator Charles Perry from Lubbock, who authored both the 2019 measure and the current bill known as SB 3, expressed concerns over the emergence of synthetic THC products. "It’s not your granddad’s pot," he stated, highlighting that these products are marketed as safe and legal but are far more intoxicating than traditional cannabis. Perry noted that since 2019, over 8,000 retail locations have opened selling such products.
SB 3 targets both natural and synthetic forms of THC but does not alter the status of cannabidiol (CBD) and cannabigerol (CBG), which are non-intoxicating cannabinoids. However, it introduces stringent licensing and testing fees for producers and enhances state oversight on businesses dealing with these substances.
Lieutenant Governor Dan Patrick emphasized this issue as one of his top priorities due to retailers allegedly targeting minors by setting up shops near schools. "It’s in our schools now," Patrick remarked during Wednesday's session. He pointed out that some consumables sold contain up to 80% THC concentration compared to the natural plant's typical range of 5-15%.
Midland Senator Kevin Sparks supported the bill citing concerns about youth understanding the dangers associated with high-concentration THC products. Overdoses can worsen mental health issues or induce psychosis and schizophrenia.
The ability for producers to synthesize different forms of THC like delta-8 has allowed them to bypass existing laws. Although delta-9 is illegal under state and federal regulations, delta-8 remains legal pending a Supreme Court decision after being classified as illegal by the Department of State Health Services in 2021.
Patrick warned retailers at a pre-session press conference: "We’re going to ban your stores." He also addressed liquor stores selling beverages containing THC mixed with alcohol urging them to cease sales voluntarily.
Patrick mentioned ongoing discussions with Governor Greg Abbott and House Speaker Dustin Burrows about passing this legislation into law stating their shared commitment: "We’re all on the same page."
