Texas Senate to propose ban on THC products next year

Texas Lieutenant Governor Dan Patrick announced Wednesday that a new bill would be introduced in the state legislature to ban the sale of «all forms of consumable tetrahydrocannabinol (THC)» statewide.

This proposal is aimed at the hemp industry, which has experienced rapid growth since the legalization of hemp industry in the state in 2019, and has sparked a lively debate between legislators, industry advocates and public health experts.

The loophole in hemp legislation

In 2019, the Texas legislature passed House Bill 1325 to legalize the marketing of hemp and its by-products. This law aligned Texas on federal standards to support agriculture.

As in other American states where cannabis is not yet legal, the hemp market in Texas has experienced explosive growth. By April 2024, more than 7,000 registered hemp dispensaries were operating statewide, employing around 50,000 Texans. A May 2024 report from the Baker Institute noted that sales of hemp-derived cannabinoids increased by 1,283 % between 2020 and 2023, generating $2.78 billion in revenue last year.

The products on the market combine THCa flowers - flowers with -0.3% THC but high doses of THCa, the non-psychoactive version of THC which activates when heated - gummies, drinks and vapes containing delta-9 THC or synthetic cannabinoids such as delta-8 THC.

Lieutenant-Governor Patrick asserts that these products often have a final THC content higher than that usually found in illicit cannabis, and that they present serious risks to public health, particularly for minors.

«Retailers have exploited the Farm Bill to sell unregulated, life-threatening forms of THC to the public and have made them readily available,» Patrick said, claiming that some products have THC concentrations three to four times higher than cannabis sold by drug dealers.

The hemp industry maintains that many of these concerns are exaggerated. It claims that products such as delta-8 THC result in minimal intoxication and that additional regulation - not prohibition - is the solution to safety problems.

Senate Bill 3 is expected to be carried by Senator Charles Perry, who also led the hemp legislation in 2019. The Republican-controlled legislature will reconvene on January 14 to deliberate on the bill, which Patrick expects will enjoy bipartisan support.