Will Sunday be the last 4/20 in Texas?
AUSTIN (Nexstar) — This Sunday might be the last 4/20 for cannabis-loving Texans as the state legislature gets closer to banning THC products. On March 19, the Texas Senate passed Senate Bill 3, a ban on all forms of THC, the primary psychoactive compound found in cannabis or marijuana.
SB 3 was one of Lt. Gov. Dan Patrick’s priority bills for this session and aims to crack down on the state’s booming consumable hemp market.
"I wish this were going out of here 31 to nothing members," Patrick said before the Senate voted 26-5 to pass SB 3. "If I put in 17 years my top bills this would be in my top five because we know kids are getting poisoned today."
This comes after Texas lawmakers legalized the commercialization of hemp in 2019 by passing legislation that allowed products with THC levels under 0.3% to be sold in Texas. But Patrick contends that retailers have abused the law by using loopholes to market products with levels of THC above the legal threshold, especially to minors.
"Students themselves came in and said you have to ban THC, it's all over our schools," Patrick said.
This bill aims to ease those concerns by prohibiting the sale of consumable hemp products to minors under 21. It also limits hemp sales to only pure CBD and CBG products and requires those products to be labeled appropriately and placed in tamper-evident, child-resistant and resealable packaging. On top of that, the bill creates new criminal offenses to prevent the sale of illegal products in Texas.
Local businesses like Hometown Hero -- a cannabis wholesaler in Austin focused on supporting veterans and mental health -- said the passing of this would mean closing their business even though they’ve been following all of the regulations.
“There are a lot of people who've invested their entire life savings over the past six years and are compliant on their own. They follow all the rules. They follow the regulations. So I guess the question would be, why would somebody want to come after an industry? That's what people should ask themselves, what is the motivation?,” said Cynthia Cabrera, the Chief Strategy Director for Hometown Hero.
Cabrera believes that fighting for regulation is the only solution.
“There are about three million people in Texas that actively use hemp derived cannabinoids. That's about 10% of the population that actively use these products. What is going to be next if we don't stand and fight for adults and veterans' rights to use these products? What's going to be the next thing that they come after because they decide they don't like it?,” she said.
Cabrera said that no matter what laws are put in place, a total ban wouldn’t be effective.
“Prohibition puts things underground. It forces people to go to places where they wouldn't normally go to access products.”
She believes that reasoning with the House is their best hope. But, there is a similar bill focused on regulating THC products in the House. House Bill 28 would ban all THC consumables like vapes and edibles, but would regulate THC-infused drink items. Both HB28 and SB3 are currently left pending in the Texas House Committee on State Affairs.
As far as celebrating 4/20, Cabrera said it feels very different this year.
“4/20 is less celebratory in my mind than it is more like we need to focus on it being our Independence Day, right?” Cabrera said.
Patrick is so adamant about passing SB 3, he's threatened to force a special session despite not having the explicit power to do so. Special sessions can only be called by the governor, but as lieutenant governor, Patrick could kill key legislation in the Senate to force Gov. Greg Abbott's hand.
"Lt. Gov. Patrick is serious [about forcing a special session]," Patrick's director of communications Steven Aranyi said in a statement. "There are 8,000 or more smoke and vape shops, mostly around our schools, selling dangerous THC products to students and adults and causing serious side effects, including paranoia and schizophrenia. A 15-year-old shot his mother and sister in February after eating THC gummies. You're darn right we can’t leave Austin without banning all Delta 8 & 9."