AUSTIN (Nexstar) -- Governor Greg Abbott has until the end of day on Sunday to decide whether or not he will veto a bill that will ban all products containing the intoxicating chemical in hemp.
Senate Bill 3, authored by State Sen. Charles Perry, R-Lubbock, and championed by Lt. Gov. Dan Patrick, creates a criminal offense for anyone who manufactures, distributes, or possesses a consumable hemp product that contains any trace of tetrahydrocannabinol (THC), the intoxicating chemical in the hemp plant.
The legislation is already facing legal challenges as the governor weighs his decision and veto power. Three companies connected to the hemp industry, including the largest indoor grower of hemp in Texas, are asking a Travis County judge to grant an injunction that prevents the state from enforcing SB 3. You can read the lawsuit below:
CBD-Pros-v-TexasDownloadThe plaintiffs in the case argue this bill "threatens innocent farmers, grocers, and pharmacists with felony criminal prosecution, and it will impose misdemeanor criminal liability on the millions of Texans who use FDA-approved medications such as Epidiolex, or hemp-based topical products for therapeutic use."
The lawsuit argues SB 3 is preempted by the federal 2018 Farm Bill, signed by President Trump during his first administration. The bill allowed for the manufacturing and sale of consumable hemp products containing less than 0.03% of THC, leading to a boom in the hemp industry in Texas.
The Farm Bill prohibits any state from interfering with the transportation of hemp or hemp products. "This will destroy thousands of jobs and turn farmers, business owners, and consumers into criminals, despite the protections for hemp products conferred by federal law," the lawsuit reads.
The plaintiffs argue in their case that the language in the bill is too broad and will lead to criminalizing not only intoxicating hemp products, but also non-intoxicating products as well. The bill bans all consumable hemp products that contain "any amount" of a cannabinoid other than CBD or CBG. THC is another cannabinoid in the hemp plant.
However, hemp farmers and experts say it is hard to produce a consumable hemp product without some trace of THC. The lawsuit goes even further, saying, "it is almost impossible to generate a consumable hemp product without some trace of cannabinoids."
Some products that are not intoxicating, but contain some traces of THC, include hemp seeds, hemp granola, hemp protein, and topical hemp products, according to the lawsuit. The suit says the bill will impose criminal liability on grocery stores like HEB and Whole Foods that sell these products now.
Concern for the safety of children
Patrick has been one of the most outspoken critics of the hemp industry this past legislative session. Toward the tail-end of the session, the lieutenant governor held a news conference to share what he called the dangers of the unregulated hemp industry.
He unveiled a table full of intoxicating hemp products to a room of reporters. “This is everything you can buy at a smoke shop and a vape shop that will either cause potentially paranoia, schizophrenia (or) tremendous health issues,” Patrick said. “Why have I called you here today? Because I don’t think the media has taken this issue seriously. I don’t think the story has been told. You talk about jobs being lost, you talk about a big industry, a big industry selling all of this to kids.”
Patrick's news conference highlighted one of the major concerns critics of the hemp industry have: safety for children. Opponents have argued that the intoxicating hemp products sold at local shops are marketed to look like snacks for children, and are actually over the legal 0.03% THC threshold.
Support for the legislation gained momentum this week when Allen police announced they seized more than 75,000 pounds of consumable THC during search warrants executed at three hemp warehouses in Dallas. Police say the $7 million bust involved products with THC concentrations ranging from 7% to 78%.
Allen Police Chief Steve Dye, who advocates for SB 3, said the seizure demonstrates the current regulatory system has failed. “This product can never be regulated. Retailers have already proven many of them to be not trustworthy,” Dye said, adding that the ban would simplify enforcement by requiring police to “test for presence, not quantity.”
Texas medical marijuana
The state does provide a medical marijuana program for certain Texans with qualifying conditions. The program, known as the Texas Compassionate Use Program (TCUP), was recently expanded by House Bill 46, signed by Governor Abbott earlier this week.
HB 46 increases the number of dispensing organizations from three to 15 and it opens the eligibility to chronic pain and "a terminal illness or a condition for which a patient is receiving hospice or palliative care."
But many Texans have argued that the hemp products they can buy at smoke shops right now can actually help them with treating their illness or helping them with pain. Roger Galpin is one Texan who is calling on the governor to veto SB 3.
His mom has dementia, and he found that THC products that he could buy at a shop a mile away from his mom's care facility were helping reduce her anxiety, paranoia, and delusions.
“People living with dementia and Alzheimer’s have it tough enough … the family members, the caregivers, have enough difficulties as well,” Galpin said. “I would just appeal to him to veto SB 3 and not allow additional burdens and obstacles to be layered upon.”
What can the governor do?
The governor has three options when it comes to SB 3. He could sign the bill into law, where it would take effect on September 1. He could veto the bill. He could also do nothing and allow the bill to go into effect without his signature.
Looking at past sessions, the governor vetoed 20 bills in 2021 and 76 bills in 2023. As of Sunday, he has vetoed two bills and signed 1,044. The governor signed 306 bills on Friday and 334 bills on Saturday.
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