Showdown for states’ rights ignites around Texas THC

texas hemp ban

As states legalize cannabis, Texas takes center stage in the boiling hemp THC conversation. The state has a limited medical program but has yet to bring adult-use legalization to a vote. Six cities in the Lone Star State have voted to decriminalize cannabis possession. However, Attorney General Ken Paxton is fighting against these voter-backed ordinances, filing lawsuits against each decriminalized locality.

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Meanwhile, entrepreneurs in Texas are taking advantage of the hemp THC loophole in the 2018 Farm Bill. Texas weed drinks are found in major grocery stores, and cannabis cocktails are getting shaken up at historic restaurants. There are also cannabis lounges and bars cropping up in major cities like Dallas and San Antonio.

This renegade approach to cannabis business is ruffling some feathers. One business owner has gone so far as banning patrons who smell like weed. The ire does not stop there. State lawmakers are seeking a total THC ban.

Texas Senate Bill 3 would see a statewide ban on consumable THC from hemp or any other source. Lieutenant Governor Dan Patrick publicly supports its passage.

“Senate Bill 3, which will be carried by Sen. Charles Perry, R-Lubbock, will ban all forms of THC and keep these unsafe products off our streets,” Lt. Gov Patrick said in a statement. “We are not going to allow these retailers to circumvent the law and put Texans’ lives in danger. This bill will have broad bipartisan support in the Senate, and I trust the House will also see the danger of these products and pass this bill with overwhelming support so it can become law immediately.”

Lt. Gov. Patrick also announced that Senate Bill 3 would receive a low number meaning it would be discussed expeditiously in the 2025 legislative session. The bill was introduced by Senator Charles Perry (R-Lubbock), who is concerned about high-potency THC products and brands targeting children.

There are potential downsides to banning consumable THC in Texas. Hemp business owners in the state are rightfully nervous. Romish Abdulrashid, owner of Emerald Forest CBD dispensary in San Antonio, spoke with MySA about ban implications.

“I think if that bill were to pass, what would basically happen is, unfortunately, a lot of these shops, including ours, would probably have to close since that’s the majority of our business,” Abdulrashid told MySA.

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That said, the small business owner is on board for more regulation. Abdulrashid expressed support for product testing and compliance and that he is also unnerved the potential risks of gas station weed. He hopes lawmakers will come around to regulating the Texas hemp regulation over prohibition.

The sentiment is echoed by commenters on Senator Perry’s Facebook post about the bill.

“THC or Marijuana is not dangerous,” Facebook user Shawn Stine commented, “Having it regulated is fine. But know facts on what you are fighting for or against. Marijuana is by far less dangerous than alcohol. I bet you support alcohol.”

This is one of many statements asking the Senator to reconsider pursuing the ban. Lots of Texas are ready to loosen the reins on weed based on voting records and comment sections. If the track record of Attorney General Paxton and decriminalization are an indicator, lawmakers may not align with pro-weed constituents. Until the Senate discusses the issue, the future of hemp THC in Texas will remain unclear.

Cara Wietstock is senior content producer of GreenState.com and has been working in the cannabis space since 2011. She has covered the cannabis business beat for Ganjapreneur and The Spokesman Review. You can find her living in Bellingham, Washington with her husband, son, and a small zoo of pets.