Texas THC Ban Charges Ahead, As State Forgoes Regulation

A sweeping ban on hemp products will go to the final vote today in the Texas House of Representatives after continuous Democratic attempts to thwart the bill failed. Senate Bill 3 would ban the possession, manufacture, or sale of a variety of hemp-derived tetrahydrocannabinol, or THC, products. The House voted 95-44 after hours of debate surrounding the efficacy of regulatory amendments in lieu of a blanket ban. The bill is expected to clear the House later today.

“Bans don’t work,” said Democratic Rep. Rafael Anchia of Dallas on the House floor. “We’ll return to a completely unregulated black market where these products will find their way to young people today. If anybody’s to blame about the state of affairs, it’s us, in underregulating this marketplace.”

THC is the psychoactive ingredient in hemp-derived products, and loopholes in the 2019 law that originally legalized them have allowed for high-potency products to land on store shelves. Critics of the products have frequently overstated the dangers of THC products, especially in regard to the products marketed to children, but even industry experts agree that the THC marketplace needs more regulations.

"There are bad actors who are making bad products that are, in fact, trademark copyright violations of existing candy and snack food companies and that are attractive to children," Jim Higdon, co-founder of Cornbread Hemp, a THC gummy company, said to the Observer in March before the Senate passed the bill. "This is a fact, and that's why we need good regulations to prevent those bad actors. But the solution to that problem is not an outright ban."

The legislation passed last night would make possession of the products a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. Manufacturing THC products would be a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000.

The bill is a victory for Lt. Gov. Dan Patrick, who named the bill his top priority this session and threatened to corner Gov. Greg Abbott into a special session if the bill did not pass. An amended version of the bill, which would make exceptions for low-concentration THC-infused beverages, did not pass, and the House elected instead for an outright ban in line with Patrick’s wishes.

“I’ve been here for 17 years at the Texas Capitol — 10 years as your lieutenant governor. I’ve never been more passionate about anything,” Patrick said in a video on X Monday evening. “I’m not gonna leave Austin until we get this done.”