THC is still legal in Texas after Gov. Greg Abbott vetoed a bill Sunday night that would have banned all THC products in the state.

But the battle isn’t over: Soon after the veto, Abbott called lawmakers back to Austin for a special session on July 21 to, among other things, regulate THC in the state.

“Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure and can take effect without delay,” Abbott said, per the Texas Tribune.

Still, the veto was a big win for hemp advocates, veterans, and anyone who’s ever used a THC seltzer to survive a Lt. Gov. Dan Patrick speech.

The bill in question, Senate Bill 3, would’ve nuked Delta-8, THC-infused gummies, vapes, and other hemp-derived chill

Despite passing in the Texas House and Senate, lots of groups hated it. Industry leaders, veterans, and 120,000 petition signers had warned that a ban would hurt small businesses, boost the black market, and essentially declare war on good times. 

“Governor Abbott showed real leadership today,” the Texas Hemp Business Council wrote on X. “Texas is stronger for it.”

They added: “By vetoing SB 3, he stood with millions of Texans, protected 53,000+ jobs,— and rejected the lies, donors, and Dan Patrick’s propaganda crusade.”

As they mentioned, some 53,000 Texans are now part of the hemp workforce and Abbott apparently didn’t want to just nix all that.

Meanwhile, this was a big political setback for Patrick, who spent the last few weeks ranting about rainbow-colored gateway drugs, and insisting this was about saving the children — despite polling that shows most Republicans don’t want stricter cannabis laws.

Turns out, Abbott listened — or at least didn’t want to deal with Patrick’s edible theatrics alone.

Abbott said in a statement that SB 3 wouldn’t have stood up in court and argued that it “puts federal and state law on a collision course,” noting that the 2018 federal Farm Bill legalized hemp products.

“Allowing Senate Bill 3 to become law — knowing that it faces a lengthy battle that will render it dead on arrival in court — would hinder rather than help us solve the public safety issues this bill seeks to contain,” he said. “The current market is dangerously under-regulated, and children are paying the price. If Senate Bill 3 is swiftly enjoined by a court, our children will be no safer than if no law was passed, and the problems will only grow.”

Abbott encouraged lawmakers to adopt a regulatory framework similar to that used for alcohol, suggesting measures such as banning the sale and marketing of THC products to minors, mandating testing during production and manufacturing, permitting local governments to restrict or ban THC retail outlets, and increasing funding for law enforcement to ensure compliance with the regulations.

Patrick, for his part, was not pleased.

He ranted on X: “Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas. His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned.”

And at a press conference on Monday, Patrick tore into Abbott, accusing him of wanting to “legalize recreational marijuana.” The grumpy lieutenant governor said that Abbott misled him into thinking that he would sign the bill.

“This is a fight that didn’t need to be,” Patrick said. “Where has he been all session? Where has he been? We get this [veto] proclamation from him last night after midnight, and he parachutes in at the last moment with arguments that we do not think are valid.”

Patrick says he’s continuing to insist on a full ban.

“I’m not mad at the governor, but I’m not going to legalize marijuana in Texas,” he said. “If people want to vote me out of office for that, so be it.”

For now, though, the $8 billion hemp industry gets to breathe. The gummies live to fight another day. 

Brian Gaar is a senior editor for The Barbed Wire. A longtime Texas journalist, he has written for the Austin American-Statesman, the Waco Tribune-Herald, Texas Monthly, and many other publications. He...