Owner of San Antonio CBD dispensary relieved, but hopeful for regulations, after Abbott vetoes THC ban

At a special legislative session slated for July 21, lawmakers are expected to take up a bill focused on implementing regulations on the Texas hemp industry.

SAN ANTONIO — Products infused with THC will remain on Texas store shelves after Gov. Greg Abbott vetoed Senate Bill 3 late Sunday night.

The news comes as a relief for the industry, although the owner of a San Antonio-based CBD dispensary is hopeful lawmakers will consider certain safety regulations. The contentious legislation would have banned the sale of many consumable hemp products, including gummies that contain psychoactive cannabinoids.

“Abbott saved our industry,” said Alex Abdul, owner of Mary Jane’s CBD Dispensary in San Antonio. “We were planning to close a lot of shops, cut hours, cut staff. It would have affected our business in Texas dramatically.”

Abdul has been in business for eight years and requires customers to be at least 21 years old to enter his CBD shops. He’s hoping lawmakers consider a bill that stipulates a minimum age for people to buy THC products. 

Abdul is also calling for regulations on limiting store hours and the appearance of buildings.

“In our industry, there is a lot of bad actors. We welcome regulations. I would love to see a compromise where we can keep children safe, make sure that products don’t get in the hands of children that are under 21,” Abdul said.

Following the 2018 federal Farm Bill, hemp products containing less than 0.3% Delta-9 THC by dry weight became legal. That legal gray area has since allowed various intoxicating hemp-derived products to enter the market, often without clear regulation.

Supporters of Senate Bill 3, including Lt. Gov. Dan Patrick, stressed the legislation is vital to protect children and adults. On Monday morning, he expressed his dissatisfaction with Abbott’s late-stage move to veto the bill. 

“The governor of the State of Texas wants to legalize recreational marijuana in Texas. That’s the headline, folks,” Patrick said. “It’s not the state I want. I don’t want my kids and grandkids growing up where everybody’s high.”

He also expressed concern over enforcement, claiming the state lacks the resources to effectively regulate the estimated 8,000 to 9,000 businesses selling THC products.

“The best way to protect the adults or the children is to ban the product,” Patrick said.

Opponents said the legislation would have been detrimental to the state’s growing hemp industry while creating extensive legal challenges. In his veto proclamation, Abbott said the legislation would have harmed farmers who are already operating under federal guidelines. 

Instead of a ban, he called for more precise regulation.

Lawmakers will be returning to Austin for a special legislative session on July 21. Among the items on Abbott’s agenda is crafting regulations for consumable hemp products. 

Gov. Abbott’s office provided an emailed statement in response to Patrick’s remarks:

“Governor Abbott has always shared the Lieutenant Governor’s desire to ensure that THC products are not sold to our children and that the dangerous synthetic drugs that we have seen recently are banned. SB 3 was well intentioned but legally flawed and this is why he is putting it on the special session agenda so that it can be fixed, improved and signed into law. We should not risk years of potential legal battles when we can fix the bill and protect kids now. Governor Abbott looks forward to working with the legislature to pass a strong bill that is on sound legal footing.” 

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