“The 57 interim charges I released today reflect issues that Texans have asked us to study,” Patrick said in a press release. He said 31 senators submitted hundreds of ideas, with some sharing similar proposals. “My staff and I worked diligently for weeks to review each request, and this is the first set of interim charges I am releasing in preparation for the 89th Legislature,” Patrick said. A second list could be released ahead of the nex;t legislative session.
The 2018 Farm Bill legalized hemp federally. Texas followed suit with House Bill 1325, which similarly defined and legalized hemp, cannabis with 0.3% delta-9 THC or less. Delta-9 THC is the chief psychoactive compound in marijuana that gets users high. Delta-8 is another, less potent form of THC. Some argue that delta-8 and delta-9 became legal because of the way the laws defined hemp. As long as there is no more than 0.3% delta-9 THC in any given product on a dry weight basis, manufacturers and retailers figure they’re in the clear with the law. Some argue otherwise. Nevertheless, products with delta-8 and delta-9 have flooded store shelves in Texas in recent years.
Patrick’s list, in the section about banning delta-8 and delta-9, instructs senators: "Examine the sale of intoxicating hemp products in Texas. Make recommendations to further regulate the sale of these products, and suggest legislation to stop retailers who market these products to children.”
Also on the list is the continuation of property tax cuts for Texans, school testing reform, access to health care and many other issues.
It’s not entirely certain what Patrick wants senators to do in regard to delta-8 and delta-9. On one hand, he seems to be asking lawmakers to propose a ban on these products. On the other, it sounds like he’s merely asking for additional regulation. It’s also uncertain how this will affect the even more popular THCa products that have hit store shelves more recently. THCa doesn’t produce a high on its own. However, when heated (like in a joint, vape, pipe or bong) the THCa is converted into delta-9, which can get users high. Patrick’s list makes no mention of THCa specifically, but it could be included in the blanket term “intoxicating hemp products,” which he is asking to be regulated or banned.“The 57 interim charges I released today reflect issues that Texans have asked us to study." – Lt. Gov. Dan Patrick
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If you ask Jesse Williams, a writer for the Fort Worth nonprofit and news site Texas Cannabis Collective, Patrick is likely talking about a full-on ban of these products when he mentions additional regulations. But, he’s not sure if a ban will happen. “There won’t be the political will power if people are ready to show up and make it known what they really want for Texans,” Williams said. “There's appetite for better regulations such as age gating (nobody I know of is marketing to kids), just not the vision of regulations Dan Patrick has allowed in the past.”
Lawmakers in Texas have tried to ban delta-8 before but failed. There are also some who want the reauthorization of the farm bill to close the “loophole” that made these products legal in the first place.
Last November, State Rep. Stephanie Klick, a Fort Worth Republican, said she wanted a bill in the special session to add more regulations around delta-8 products to ensure they are tested and kept out of the hands of children. Because these products have become so popular, Klick said, she wasn’t sure if an overall ban would work. Klick said as long as the products are tested and kids aren’t getting ahold of them, she has no problem with adults consuming delta-8 or delta-9.
There was also a move by the Department of State Health Services to add delta-8 and other forms of THC to the list of controlled substances in Texas. But that effort is tied up in court at the moment, and the products remain arguably legal for now.
Patrick’s recommendation comes at a time when these products seem to be soaring in popularity and becoming more mainstream, with retailers as large as Total Wine and Specs carrying drinks with delta-8 and delta-9.
