Texas is poised to heavily restrict hemp products, as the Republican-dominated Senate and House have passed legislation to prohibit the sale and possession of THC-infused hemp items, encompassing food, oils, and vaping products.
This potential ban could significantly impact the state’s burgeoning $4 billion hemp sector, with industry representatives pledging to challenge the law through legal means if Governor Greg Abbott decides to enact it. Currently, Abbott has yet to indicate his stance on the ban publicly, though the Texas Hemp Business Council is urging him not to proceed with it.
On Wednesday, the Capitol voted decisively in favor of the ban with a 95-44 tally. This marks a stark shift from earlier efforts aimed at regulating rather than outright banning these products, which had been gaining some legislative traction. The state Senate backed the bill (SB 3) with a 24-7 vote in March.
Lieutenant Governor Dan Patrick has made this legislation a priority, labeling the products as “major public health threats,” especially for young people. He expressed strong sentiments, stating, “I wasn’t more passionate about what,” in a social media video earlier this week, and threatened lawmakers with a special session if the ban did not pass.
Patrick warned that neglecting this issue could lead to devastating consequences over the next few years, suggesting that lives could be ruined if these products remain available.
Interestingly, only one Republican, Rep. Brian Harrison, voted against the measure. He voiced concerns that SB 3 could lead to unintended negative consequences, like empowering government intervention, limiting adult freedoms, and affecting countless small businesses that depend on hemp products.
Critics have described the bill as a political maneuver detrimental to small businesses and a platform for escalating criminal repercussions beyond current marijuana penalties. Lukas Gilkey, CEO of Hometown Hero, a hemp-derived product manufacturer, has indicated plans to join a legal challenge against the proposal, asserting that resources have been allocated for this purpose.
The House has amended the Senate version, meaning the bill will need to return to the Senate for confirmation unless the House adopts the original text entirely. Only afterward can it be sent to Governor Abbott for approval or rejection.
Notably, the penalties outlined in the Senate version are harsher for possessing prohibited hemp products than for marijuana. For instance, individuals caught with non-compliant hemp items face a potential prison sentence of up to one year, while possession of less than two ounces of marijuana is classified as a Class B misdemeanor, subject to a penalty of no more than 180 days in jail.
