On Sunday, Texas Governor Greg Abbott (R) executed a pivotal veto of a bill aimed at banning intoxicating products derived from hemp, a legal cannabis plant that has ignited a billion-dollar industry within the state. This legislation was designed to impose one of the strictest prohibitions on hemp products in the United States, reflecting the complex and often confusing landscape of state and federal cannabis regulations. The bill raised alarms over the safety of the largely unregulated edibles, drinks, vapes, and joints that have become commonplace in convenience stores and smoke shops.
The proposed legislation sought to prohibit any hemp consumables containing THC (tetrahydrocannabinol), the psychoactive compound in marijuana responsible for producing a high. This ban was heavily supported by Texas Lieutenant Governor Dan Patrick, who has made the fight against hemp consumables a focal point of his political agenda. In a post on X (formerly Twitter), Patrick criticized Abbott's veto as a betrayal of families affected by the negative consequences of these products, claiming that it undermined efforts to protect Texans from dangerous drugs.
In contrast, Abbott’s veto was met with applause from a diverse coalition, including Democrats, some conservative allies, and veterans who rely on hemp products for managing chronic pain as an alternative to opioids. This coalition highlights the growing acceptance and reliance on hemp-derived products among various groups, further complicating the debate surrounding cannabis regulation.
The timing of Abbott’s veto is significant for the cannabis industry in Texas. Currently, recreational marijuana is legal in 24 states and Washington D.C., while hemp products have flourished in states like Texas and North Carolina, where adult-use marijuana remains illegal. Under the 2018 federal Farm Bill, hemp is classified as cannabis containing less than 0.3 percent delta-9 THC, allowing for the sale of derivatives and extracts, even if some, like delta-8 THC, can be intoxicating.
This patchwork of state regulations has led to a variety of responses across the nation. For instance, in California, where marijuana use is legal, Governor Gavin Newsom enacted a statewide ban on consumable hemp products with THC, citing child safety as a primary concern.
Had Senate Bill 3 passed, it would have classified the purchase, possession, or sale of any hemp products containing THC as a misdemeanor. Patrick underscored the potential dangers of these products, holding a THC-infused lollipop during a news conference to illustrate how unsuspecting consumers, especially parents, might inadvertently expose their children to harmful substances.
In his statement, Abbott articulated that the proposed ban would likely face “valid constitutional challenges” due to the legal protections established by the Farm Bill. He emphasized the need for a regulatory framework that ensures public safety, aligns with federal laws, and includes a robust enforcement mechanism. As a response to the ongoing debate, Abbott has called for a special legislative session scheduled to commence on July 21, during which lawmakers can address these regulatory issues. Notably, Abbott did sign a bill this session that expanded Texas's limited medical marijuana program.
The veto was perceived as a victory by many in the hemp industry, which employs approximately 53,000 Texans. Cynthia Cabrera, president of the Texas Hemp Business Council, expressed relief, stating that “logic, reason, and intelligence prevailed” in this decision. The hemp-derived products industry in Texas generates billions of dollars annually through a network of over 8,000 stores, functioning similarly to an adult-use marijuana program but lacking essential safeguards such as product testing and age restrictions.
Jesse Redmond, head of investor relations for LEEF Brands, noted that as companies in the marijuana sector increasingly diversify into hemp products, the demand for legal, accessible THC continues to rise. He remarked that the surge of low-dose hemp THC products in conservative states like Texas indicates a significant gap in the current regulatory framework that fails to keep pace with consumer demand.
Veterans like Dave Walden, who served in Iraq and Afghanistan, advocate for the therapeutic benefits of hemp-based products. Walden, who relies on THC-infused consumables to manage chronic pain and PTSD, highlighted the life-altering impact of these alternatives to opioids, stating that banning them would have severely affected his quality of life.
The veto by Abbott underscores the significant influence of the cannabis industry in Texas, which has emerged as a powerful political force. Critics, including Kevin Sabet, president of Smart Approaches to Marijuana, argue that this influence allows for the proliferation of potentially harmful synthetic hemp products. Sabet pointed out that leaders in other conservative states are also taking steps to limit access to unregulated cannabis products, suggesting that Texas may eventually follow suit.
Experts like Daniel Mallinson, a professor at Penn State, observe that the expanding hemp market is prompting more nuanced discussions in conservative states, moving away from outdated prohibitionist attitudes. As lawmakers continue to navigate this complex landscape, there is a growing recognition of the need for well-defined regulations to ensure consumer safety and public health.
In Washington D.C., Congress is considering amendments to the federal definition of hemp, including provisions to ban synthetic cannabinoid products while allowing for legal cannabis production for industrial uses. This ongoing legislative activity reflects the evolving nature of cannabis policy, as various stakeholders seek to balance public safety with the economic potential of the burgeoning cannabis industry.
As Texas lawmakers prepare to tackle these regulatory challenges, the Texas Hemp Business Council has expressed support for measures that would enhance safety, such as age restrictions on the sale of THC-infused products and mandatory child-resistant packaging.
