Texas Legislature Sends Bill Banning THC to Governor
The Texas legislature has sent a bill to Governor Greg Abbott that bans all forms of THC, including delta-8 THC, delta-9 THC, and delta-10 THC. The final bill prohibits the manufacturing, distribution, and selling of consumable hemp products with any THC or intoxicating cannabinoids. It also makes violating the law a third-degree felony.
Senate Bill 3 is awaiting the Governor’s signature. The bill underwent considerable debate because Texas has an $8 billion state industry that employs 50,000 workers. The debate in the House and Senate centered on whether to pursue THC prohibition or strict regulation. Since federal law allows up to .3% THC in products, many of the hemp products sold in Texas do contain some amount of natural THC, or they contain synthetic THC, which federal law does not address.
The bill only allows the manufacturing of hemp products containing nonintoxicating cannabinoids, like CBD or CBG. There was a lot of discussion in the Texas House and Senate on whether to ban THC or to establish a rigid regulatory framework. Texas House Rep. Tom Oliverson said,
“No more legal gray zones. We are not banning hemp. We are banning high. This amendment will preserve the right to grow industrial hemp and sell nonintoxicating CBD and CBG under current state and federal law. But if it gets you high, it is not legal anymore. We will not be allowing the sale of THC-based intoxicants in any form.”
Senate Bill 3 also makes it a third-degree felony to manufacture, deliver, or possess with the intent to deliver hemp products containing any intoxicating cannabinoids. It will also be a felony to falsify lab reports or to possess, manufacture, or sell hemp products without a license. If convicted of any of these offenses, the sentence would range from 2 to 10 years in prison and include a fine of up to $10,000.
Governor Abbott is expected to sign the bill. However, if he does, the Texas Hemp Business Council plans on suing the state. This potential legal challenge adds a layer of uncertainty to the bill’s future. Texas Representative Gene Wu opposed the prohibition of THC because he believes the products containing THC are a better alternative for people needing self-medication for a variety of reasons, compared to alcohol or opioids.
Thomas Winstanley also does not support the bill. He said,
“Is there a need for a thoughtful policy that codifies a sustainable and regulated path forward? Absolutely. But does S.B. 3 accomplish that? No. In fact, it does the opposite, fueling the very risks it claims to eliminate by pushing safe, regulated products out of reach and creating a vacuum that will be filled by unregulated, illicit alternatives.”
It is contradictory that legislators want to ban the ability of people to get “high,” while not banning alcohol sales or over-the-counter medications that may cause intoxication when taken in a large enough dose. This issue of synthetic THC has become a trigger for state laws prohibiting or strictly limiting hemp product sales. If CBD brands had adhered to making only hemp products with natural THC within the federal limit, there would likely not be a need for bills like the Texas Bill. Prohibiting THC is unfair to CBD brands that have adhered to federal and state laws and only sell hemp products with the legal amount of delta-9 THC.
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