Texas Governor Backing Bill To Ban All THC
Texas Senator Charles Perry has introduced Senate Bill 3, which bans the sale in Texas of all forms of THC and products containing THC. Lieutenant Governor Dan Patrick fully supports the bill.
The concern is twofold. First, THC products are appearing in a large variety of places because federal law allows hemp-derived THC as long as it does not exceed 0.3%. Second, other forms of THC are appearing, like delta-8 and delta-10 THC. These cannabinoids are intoxicating, like THC, so high-potency products are sold to skirt the law since they are not explicitly named in federal law. The 2019 House Bill 1325, which allows hemp commercialization with low levels of THC, has been a key factor in the proliferation of THC products.
Like most states, prior legislation only considered delta-9 THC because the other forms of THC were not available. Lt. Governor Patrick said,
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible. These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC.”
This highlights the potential public safety concerns associated with the sale of high-potency THC products.
There has been an ongoing effort for years to ban THC in Texas. Human Services decided products containing more than 0.3% THC or any other form of THC in any concentration are illegal as Schedule I controlled substances. A lawsuit claiming delta-8 THC is legal has made it to the Texas Supreme Court, which has not been decided yet.
There is little doubt the Texas Hemp Business Council will fight this effort to ban all THC. Such a law will mean all full spectrum and many broad spectrum CBD products with traces of THC will become illegal. The hemp industry, from farmers to manufacturers to retailers, will be harmed.
It is understandable why Senator Perry and Lt. Governor Patrick support this bill. They want intoxicating THC products made inaccessible to children. However, better solutions are needed than banning all THC and causing great harm to a growing industry. Businesses farming hemp and selling CBD products have invested a lot of money in their products. Senator Perry and Lt. Governor Patrick want the law to become effective immediately after passage.
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