Texas Lawmakers Stall on THC Ban as Special Session Nears End
Despite months of debate and emotional testimonies, proposed bills to ban THC statewide have stalled in the Texas House, leaving the likelihood of a ban uncertain. The current special legislative session is expected to conclude soon, and lawmakers would need to act quickly to pass a ban.
Senate Bill 6, which would have prohibited products containing any detectable amount of THC, except for cannabidiol and cannabigerol, has not been heard in a House committee since the Senate passed it on August 19. The House’s version of the bill has also not been heard in its chamber’s committee.
The lack of progress on the bill has left many in the hemp industry feeling frustrated. Lukas Gilkey, CEO of Hometown Hero, an Austin-based manufacturer of hemp-derived THC products, said, “It seems like a lot of people don’t want anything to do with it. It’s a hot potato.”
Under current law, hemp-derived THC products are legal in Texas, but with restrictions. These products can come in various forms, including edibles, oils, and creams. However, the law prohibits products containing more than 0.3% concentration of THC, the intoxicating part of the cannabis plant. Enforcement of this law has been lax due to the burden it places on the criminal justice system.
Despite the lack of progress on a ban, enforcement of the current laws could increase. Gilkey has accused the Texas Department of State Health Services of conducting retaliatory raids on hemp manufacturers. The agency has clarified that it conducts inspections randomly or “for cause” due to information indicating a licensee may not be in compliance.
The movement to ban hemp-derived THC products was led by Lt. Gov. Dan Patrick and Sen. Charles Perry, who deemed these products too dangerous for the general public. The ban almost passed during the regular session, but Gov. Greg Abbott vetoed the bill, calling for regulations instead.
Abbott urged lawmakers to regulate hemp similarly to liquor, prohibiting sales near places frequented by children and banning sales to anyone under the age of 21. The hemp industry has been amenable to these proposed restrictions.
Hemp advocates, such as Heather Fazio with the Texas Cannabis Policy Center, are still closely watching discussions in the Legislature and are hesitant to declare a win until both chambers gavel out. “Everyone should stay vigilant,” said Cynthia Cabrera, chief strategy officer for Hometown Hero.
