Lt. Governor Dan Patrick, the leader of the Texas Senate, said he will move to ban all forms of THC people can consume across the state. This comes after lawmakers relaxed rules on the marijuana-type product over the past few years.
Patrick is arguably the most powerful person in the state during the legislative session. He marked the bill, Senate Bill 3, signaling it's his third top priority for the state's upper chamber.
In 2019, lawmakers relaxed rules on hemp products. It was originally intended to benefit Texas agriculture and afterward, hundreds of cannabis and low-THC shops opened up across the state.
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible," Lt. Governor Patrick wrote in a statement.
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“There were consequences of that legislation that many members did not realize," said Sen. Brandon Creighton, R - Conroe. For him, he believes the law has allowed too many teenagers and young adults to abuse THC products- including vape pens.
“We’re very concerned about the health aspects about what’s in these cartridges and THC and some of the effects of THC that we’re just learning about," said Sen. Creighton.
But not everyone is on the same page, according to Texas Agriculture Commissioner Sid Miller who tweeted Thursday, "The GOP needs to find some consensus instead of constantly running in opposite directions [sic] We know what the polls say. It's time to support the will of Texans."
Right now, the difference between legal low-THC products and illegal high-THC marijuana products is how strong the substance is. Law enforcement usually has to chemically test the product to find out if a product is legal or not.
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Andrea Wimberley from the Texas Cannabis Coalition argues banning the product would be "very dangerous."
"When a popular substance is usually outlawed or banned, we’ve noticed the demand doesn’t really disappear. It just shifts to unregulated markets like the black market," said Wimberley.
Her group will push instead for lawmakers to legalize, regulate, and add testing requirements. In her view, that is the correct way to solve the safety concerns.
That fight, Wimberley says, will be with the 150 members of the Texas House, not the Patrick-dominated Senate.
“We’re going to have to stop this in the House, in the Texas House. Because once it gets to the Texas Senate, unfortunately, it will be too late," said Wimberley.
Mike Brown, owner of ENDO Dispensary in Rowlett, says a blanket ban on THC would force him to close his business which opened in 2021.
Brown agrees the industry has gotten out of hand and says it needs more regulation. But banning all THC products isn't the right approach, he says.
"Perhaps there’s some middle ground on a maximum strength on one good or another but to do a blanket ban is ridiculous," said Brown.
Brown is joining efforts to mobilize grassroots efforts to push back on a potential ban by urging customers to contact their legislators.
The next legislative session begins January 14.