Texas: Attempt to ban hemp products fails, again

In a testament to the power of grassroots activism, the third attempt by Lt. Governor Dan Patrick (R) and his allies to criminalize hemp-derived THC failed again on September 3. 

There were attempts to come to a compromise to more strictly regulate the products, but Senate leadership demanded nothing short of a total ban. The Senate adjourned before the House of Representatives could have voted on a bill that would restrict these products to adults over 21. Rep. Briscoe Cain’s HB 309, a 175-page regulatory bill, also did not receive a hearing or a vote. 

This long process began in January. The Senate flexed its power and passed SB3, the original bill to ban hemp-derived THC. The House also passed the ban, with some representatives later revealing that they were coerced to support it or face their bills not being advanced in the Senate. 

Governor Greg Abbott (R) listened to the pleas of the multitudes of people who testified that these products improved their quality of life and vetoed SB3. In his proclamation for the first special session, Abbott called for additional regulations and criminal penalties for selling to anyone under 21. 

You can thank Governor Abbott here for his support of regulation over prohibition!

It remains uncertain if a third special session will be convened. The 89th Texas Legislature saw the most significant cannabis policy victory so far: HB 46 greatly expanded the Texas Compassionate Use Program. The successful defense (so far) of most hemp-derived THC products was also an incredible victory. However, the legislature did enact a ban on the sale of vapes with cannabinoids. Had the full ban gone into effect, it is estimated that arrests would have exceeded 60,000 annually. Attempts at ending the home rule ability for citizens to vote to decriminalize cannabis on the local level were also defeated (but they are still at risk in the courts). 

Congratulations to all who called, emailed, or testified at the capital. The power of people should not be underestimated. Undoubtedly, prohibitionist forces will continue to try and limit access to these products. Without an additional special session, there will be an election before the next regular session of the legislature in 2027. If you live in Texas, make sure that you are registered to vote and participate in the primary process as well as the general election. Engage candidates as to where they stand on cannabis policy, and make sure to help others in your community to get involved as well!