Texas Senate passes bill to ban THC — again

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The Texas Senate on Friday approved its second attempt to ban hemp-derived THC, setting up a showdown with the House, where hemp industry members say they’ll be getting more support.

Senate Bill 5 by Sen. Charles Perry, R-Lubbock passed the upper chamber 21-8 on Friday and now goes to the House. The bill would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. This bill would eliminate the majority of hemp products, including those that are legal under the federal definition.

Perry, on Friday, repeatedly emphasized that the intent of hemp legalization in 2019 was never for THC to be widely available to the public. He said that most of the products being sold in Texas as hemp should be considered federally illegal.

"This isn't the pot of the 50s. At least we could predict what that was. We don't know what this is. One joint, one edible, can change your life," he said.

The Republican lawmaker on Wednesday, ahead of a preliminary vote on SB 5, also pushed against Gov. Greg Abbott’s suggestion to regulate hemp like alcohol, saying law enforcement doesn’t have the manpower to regulate the alcohol industry, let alone the THC market. He also doesn't believe the hemp market actually wants to be regulated.

"There business model is not based on low level, it's based on getting you out of your issue for as long as they can and for as much as they can,' Perry said from the floor Wednesday.

What happens to all the hemp products when it becomes illegal? Perry said it wasn’t his concern.

Sen. José Menéndez, D-San Antonio, on Friday said there should be a compromise because nobody has testified that protecting children shouldn't be a priority. He said he is concerned an outright ban is a step too far.

"The only therapy where we get between a patient and a doctor is this. That doesn't make sense to me," he said. "The narcotics they hand out to our vets and our hospice patients, those should be illegal. I think this bill is going to push people back to opioids. I worry about that."

On Wednesday, Sen. Nathan Johnson, D-Dallas, filed two bills that offer regulation over a ban. Senate Bill 53 would create safety standards for hemp-derived products, including raising the age to 21, capping consumable products at 5 mg per serving, mandatory child-safe packaging, and redirecting tax revenue from THC to support public health and law enforcement. His Senate Bill 54 would decriminalize personal marijuana use in small amounts.

This clash of options is expected to play out over the next couple of weeks as a section of lawmakers, including Lt. Gov. Dan Patrick and Perry, are determined to ban the product outright, while others are looking for a way for THC products to stay but be regulated.

Abbott has asked lawmakers to prioritize hemp regulatory issues during the 30-day special session, which began last week. SB 5 is essentially a revival of Senate Bill 3 from this year’s regular legislative session, which lawmakers passed but Abbott vetoed.

Abbott, in his veto, urged lawmakers to regulate hemp sales similarly to liquor sales, by prohibiting sales near places frequented by children, and banning sales to anyone under the age of 21, with strict penalties for any retailer that fails to comply. The hemp industry has primarily been amenable to these restrictions.

Abbott’s office recently clarified that he supports a ban for those under 21, with a full ban on “extraordinarily dangerous synthetic products.”

The veto came after immense pushback from hemp supporters, including veterans and chronically ill people, who said hemp has been a cheaper and more accessible alternative to the medical marijuana program. Patrick, who was a large supporter of a THC ban, lambasted the veto as an attempt to legalize adult-use cannabis.

How the THC debate will play out in the House is currently unknown, but several bills have been filed, showing factions in the chamber.

On Monday, Rep. Gary VanDeaver, R-New Boston, filed on House Bill 5, a companion bill to Senate Bill 5, which bans THC products, while House Bill 195 by Rep. Jessica González, D-Dallas, would make cannabis legal for adults.

HB 195 would allow adults to possess up to 2.5 ounces of cannabis, with no more than 15 grams of that being in concentrated form. It would put the state’s commercial cannabis market under the Texas Department of Licensing and Regulations. At home, adults could keep up to 10 ounces of THC products, with any amount over 2.5 ounces needing to be stored in a locked container or other restricted area.

Other lawmakers have submitted their version of THC bills that differ from either a ban or outright legalization.

House Bill 160 from Rep. Charlene Ward Johnson, D-Houston, would require several warning labels to be carried on hemp products that contain THC. The labels would include warnings about cannabis poisoning, stunted brain development and the risk of mental health disorders.

Senate Bill 39, by Sen. Judith Zaffirini, would prohibit hemp products from being packaged or marketed to children and makes any violation of this a misdemeanor. House Bill 42, by Rep. Nicole Collier, D-Fort Worth, would provide protections for people who buy what they thought was legal hemp products that might contain an illegal amount of THC.

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