Here’s the good news: THC is still legal in Texas.
Now, the bad news: Some Republicans in Congress still want to ban it — and they might get their wish.
Yes, despite attempts by Lt. Gov. Dan Patrick to rip weed gummies out of the mouths of his constituents, it didn’t happen, and hemp advocates breathed a sigh of relief. Then, while guards were down, the U.S. Senate on Monday agreed to language in a spending bill that would ban almost all THC-containing hemp products nationwide, according to the Houston Chronicle.
As for the federal level, “momentum has been gaining for Congress to take action to ban hemp products,” Katharine Neill Harris, the Alfred C. Glassell III Fellow in Drug Policy at Rice University’s Baker Institute for Public Policy, told The Barbed Wire.
“The ban still has to pass the House, where it could potentially be watered down, but if it does pass, many open questions will remain,” she said. “As written, it wouldn’t take effect for a year. When it does, who handles enforcement? If it’s a mixture of federal and state agencies, who and how will online sales be restricted?”
Sen. Rand Paul tried to fight it, proposing an amendment to remove language that he said would “destroy” the hemp industry. Paul and Sen. Ted Cruz (!!!) were the only Republicans to support the measure, which would have stripped a provision tightening restrictions on intoxicating hemp products legalized under the 2018 farm bill.
And, yes, you read that right, Ted Cruz might be the only hope for the state’s $8 billion hemp industry.
He tweeted on Monday that hemp regulation should be left up to the states. And, he even sided with Gov. Greg Abbott, who has been leaning against banning THC and in favor of regulation.
“There is a vital need to protect children by, at a minimum, requiring that purchasers be 21 and prohibiting synthetics and dangerous foreign imports marketed to kids,” Cruz said. “That’s the approach Governor Abbott has taken in Texas, and I urge other states to follow Texas’s example.”
Sadly, Paul and Cruz were on the losing end, and the spending bill now moves to the U.S. House.
The vote caps a months-long feud between Paul and senior appropriators, including Sen. Mitch McConnell, who backs new limits aimed at curbing the spread of synthetic THC products.
McConnell, an 83-year-old prone to falls who is somehow still in the Senate, argued the restrictions are needed to protect children.
He argued on the Senate floor Monday that children are “being sent to the hospital at an alarming rate” due to the hemp products, per Politico.
How Did We Get Here?
How is THC still legal in Texas despite so many conservatives who’ve made it their pet project to eradicate? In June, Abbott vetoed Senate Bill 3, which would have banned Delta-8, THC seltzers, and other hemp-derived products.
The move was a major win for the hemp industry here, which employs about 53,000 Texans, as well as for veterans and other advocates who argued a ban would devastate small businesses and fuel the black market.
Abbott called for a regulatory framework to protect public safety and restrict sales to minors. His veto set up a political clash with Lt. Gov. Dan Patrick, who led the push for a total ban and accused Abbott of undermining Republican lawmakers and law enforcement.
In response, Patrick threw a public fit, raising his voice and even throwing hemp products at reporters in the Texas Capitol.
But that fight would be a moot point if it’s outlawed federally. And that’s what could happen.
The Texas Hemp Business Council, an industry trade association, warned recently that “federal funding bills are moving quickly through Congress and buried within them is language that could wipe out the entire hemp industry nationwide.”
For his part, Paul agreed.
“Every hemp seed in America will have to be destroyed, and 100 percent of the hemp products that are sold will no longer be allowed to be sold,” he said, per Politico.
THC Remains Legal in Texas After Abbott Veto
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…
‘Nanny Dan Lost, Y’all’: Texans Celebrate THC Ban’s (Third) Failure
Apparently banning weed gummies is harder than outlawing women’s rights, because THC is still legal in Texas. State lawmakers wrapped up their latest special session Wednesday night without passing the Senate’s proposal to ban nearly all THC products, leaving hemp-derived cannabis on shelves across the state — at least until Lt. Gov. Dan Patrick convinces…
‘Hundreds of Thousands of American Jobs’
At Hometown Hero, an Austin-based manufacturer of hemp derived THC products, chief strategy officer Cynthia Cabrera said they’re “cautiously optimistic,” crediting Abbott and a “strong regulatory framework” in Texas.
Still, threats like the federal spending bill “remain a concern, as they could undermine state programs, invalidate compliant genetics and jeopardize hundreds of thousands of American jobs,” Cabrera told The Barbed Wire.
In short, producers are operating on a high-wire act to comply with regulations that do exist while they await uncertainty as politicians duke it out.
“Hometown Hero and other compliant businesses are continuing operating responsibly under Texas law,” she said. “The industry has stabilized somewhat following the recent legislative sessions, but ongoing advocacy is needed to ensure future rules are implemented fairly.”
Overall, she said, “our goal is to maintain a thriving, legal hemp market that balances public safety with business sustainability.”
As for THC’s future in Texas, it’s probably going to remain legal, Harris said.
“The governor and House held firm against the ban through two special sessions. The (Compassionate Use Program) is being expanded in a meaningful way,” she told The Barbed Wire. “That said, Texas could move the way several states are: banning chemically converted cannabinoids, limiting product potency to under 5mg per serving.”
Meanwhile, as all this is happening, marijuana reforms are going on, too. Harris noted that 24 states have legalized marijuana for recreational use, despite federal prohibition.
“And there is truly a need for national standards for hemp products, just as we need for marijuana products,” she said. “I think a blanket ban is too blunt an instrument to address a complex issue; however, I do think that federal leadership is needed on this and that it’s time to start talking about, and regulating, THC in a consistent way, regardless of which kind of cannabis plant it comes from.”
In short, sit tight. We’re not out of the woods yet.