A Texas Democrat said that the Legislature’s passing of a bill that effectively bans THC products statewide is going to hurt the state economically while simultaneously giving cartels a “gift.”
Why It Matters
Senate Bill 3 passed Wednesday by a 95-44 vote, effectively banning all tetrahydrocannabinol (THC) products in addition to potentially leading to jail time for adults in possession. An initial vote in the upper chamber in March passed 24-7, paving the way to prohibit the manufacturing of hemp products that contain anything other than CBD or CBG—or, as one Republican said, anything that gets you “high.”
What To Know
State Representative James Talarico, a Democrat, said in remarks on the floor that the legislation is “insane,” especially after the state legalized hemp products in 2019.
“Instead of regulating this booming industry in our state, we are now going backwards to the days of prohibition,” Talarico said. “This bill is not going to stop Texans from smoking weed or eating edibles just because a bunch of politicians in Austin tell them not to. Texans will still use THC, but instead of getting it from a local small business, they’ll now get it from the black market—from the drug cartels.
“This ban is a gift to the cartels. We are now telling full-grown adults how to live their lives. This is the nanny state at its worst. This is big government at its worst.”
Talarico added that he thought the Republican Party was about small government and personal freedom.
Newsweek reached out to Talarico for comment.
Texas Lieutenant Governor Dan Patrick has been praised for championing this bill.
Last December, he issued a statement warning about the Democrat-introduced House Bill 1325 aimed to bolster statewide agriculture—arguing that commercialized hemp containing un-removable, non-intoxicating trace amounts of Delta 9 THC “targets children.”
This bill was sponsored by State Senator Charles Perry, who Newsweek reached out to for comment.
Multiple organizations expressed disagreement with the legislation, telling Newsweek that prohibition will only make products more dangerous for the younger individuals Texas Republicans are purportedly attempting to protect.
Morgan Fox, political director at the National Organization for the Reform of Marijuana Laws (NORML), told Newsweek that “it’s incredibly disappointing” that Texas lawmakers still haven’t learned the lessons of prohibition and neglected to take a thoughtful approach to how to deal with these substances rather than outright ban them.
“We know from history that these bans don’t work,” Fox said. “Clearly, these products do need to be regulated because despite the fact that there are a lot of good actors in the hemp synthesized space, there’s a lot of bad actors, too. So in order to protect consumers, it’s really important to to regulate these products.
“But banning them outright is not going to keep them out of the hands of Texans. If anything, it’s just going to limit the sources with which Texans get them to unscrupulous online retailers who have zero oversight, zero regulation and who really don’t care about flouting any sort of rules or best practices.”
The Texas Hemp Business Council (THBC), which has called on Governor Greg Abbott to veto the bill, said the legislation will “kill” an industry that generates $5.5 billion in revenue, $267 million in tax revenue, $2.1 billion in annual wages, employs over 53,000 workers and includes more than 10,000 businesses.
“THBC believes in the importance of balancing public safety with personal freedoms,” spokesperson George Medici told Newsweek on Friday. “When it comes to adult access to legal hemp-derived products, we support a regulatory framework that respects individual liberty while ensuring responsible use and product safety.
“Rep. Talarico’s comments raise a valid point. Many Texans, like millions of Americans, value personal choice and don’t want the government overreaching into their decisions when it comes to legal and responsibly used substances.”
Asked about the prospect of cartels benefiting from this decision, Medici said THBC “absolutely agrees” that prohibition-style policies often create unintended consequences—including pushing consumers toward unregulated and potentially unsafe sources.
“A well-regulated market is the best way to ensure consumer safety and to keep illicit actors out of the equation,” he added.
An amendment introduced by a Democratic legislator was also approved Wednesday, lowering the penalty for the first two THC-related offenses to a Class C misdemeanor that could be deferred with community service, according to local NBC affiliate KXAN. Any offense thereafter would be a Class A misdemeanor punishable by up 180 days in jail and a fine between $250 and $2,000.
In February, a poll from the University of Houston’s Hobby School of Public Affairs found that 62 percent of Texan adults support the legalization of recreational marijuana, while 79 percent think medical marijuana with a prescription should be permitted.
What People Are Saying
Texas House Representative Tom Oliverson, after issuing an amendment on the floor Wednesday banning consumable hemp products containing any amount of THC or other intoxicants, said he wanted “no more legal gray zones,” according to the Cannabis Business Times.
“We are not banning hemp,” Oliverson said. “We are banning high. This amendment will preserve the right to grow industrial hemp and sell nonintoxicating CBD and CBG under current state and federal law.
“But if it gets you high, it is not legal anymore. We will not be allowing the sale of THC-based intoxicants in any forms.”
Morgan Fox of NORML: “It’s pretty indicative of where Texas is in terms of how it treats cannabis. You know, for all of the the talk of Texas being a bastion of personal liberty, it still has some of the harshest penalties and highest arrest rates for for simple cannabis. The kind of ironic thing is that the only reason that these unregulated hemp synthesized and hemp products are really popular in the first place is because cannabis is illegal, particularly when you’re talking about the intoxicating hemp-synthesized cannabinoids.”
Dan Patrick on May 21: “We cannot in good conscience leave Austin without banning THC, which is harming our children and destroying Texans’ lives and families.”
Press secretary Andrew Mahaleris told Newsweek, “Governor Abbott will thoughtfully review any legislation sent to his desk.”
What Happens Next
Abbott will have the opportunity to veto the bill. If he signs the legislation, Texas will join states including Arizona, Colorado and Hawaii that have banned or restricted intoxicating forms of hemp or related compounds, according to The Hill.
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