Texas Lt. Gov. Patrick opposes Gov. Abbott’s executive order on THC, citing concerns over the order’s implications for the THC industry.
AUSTIN, Texas — Texas Governor Greg Abbott’s executive order regulating hemp products containing THC, the chemical in marijuana that gets you high, is getting new pushback from his second-in-command. Gov. Abbott’s order directs state agencies to ban the sale of hemp products to minors.
On Friday morning, Texas Lieutenant Governor Dan Patrick released a statement outlining why he disagrees with the Abbott’s executive order.
Patrick said the order “intentionally or not, has sent a signal to the THC industry that they have a state seal of approval on the current THC market.”
This continues a longstanding argument between the governor and lieutenant governor over this issue.
“This is not a personal fight with the Governor. It is a disagreement on extremely important policy,” Patrick said. “We worked together well this session and will in the future. On this issue, we disagree.”
Gov. Abbott made the move to regulate the products after three legislative sessions ended without a compromise.
Lt. Gov. Patrick pushed hard for an outright ban, saying the products are poisonous and dangerous to kids and teens.
Lawmakers did pass a ban during the regular session, but the Governor vetoed it, citing the potential legal challenges the ban would have faced and expressing concerns that it conflicted with federal law. Instead, Abbott directed state lawmakers to pursue a regulation-based approach, more similar to how alcohol or tobacco is regulated.
“The fact of the matter is, we had a lot of opportunities, and I put a lot of ideas on the table to make sure that we took action by both the House and the Senate to deny these products to our kids. That was not passed and gotten to my desk,” Abbott said when asked about the concerns raised by Patrick during a ceremonial bill signing in McKinney on Friday afternoon. “I wanted to make sure that I wasn’t going to let a day go by without doing something about that.”
Since 2019, products with 0.3% THC or less have been legal in Texas. It can be accessed in several forms, from the actual cannabis plant to gummies, edibles and THC-infused sodas.
Two other attempts to pass a bill died in the special sessions, after Gov. Abbott, Lt. Gov. Patrick and Speaker of the House Dustin Burrows couldn’t reach an agreement on either THC restrictions or a total ban.
Patrick shed some new light on what happened during the 11th-hour negotiations in the final hours of the second-called special legislative session.
“We could not come to an agreement on a safe THC concentration, serving size, or amount that would not lead to intoxication and abuse,” Patrick said. “Though we tried to find common ground on a law to protect the public, the legislature simply could not vote for the unknown on those three critical issues.”
Gov. Abbott’s executive order directs state agencies to take steps to restrict minors’ access to hemp-derived THC products and increase regulations and oversight of the products. He directed the Department of State Health Services and the Texas Alcoholic Beverage Commission to develop rules to prohibit sales of the product to anyone under 21 and require a store to check a government-issued ID to ensure a customer is not a minor. Retailers who fail to comply could lose their licenses.
Abbott’s executive order also calls on DHS to consider stricter testing and labeling requirements, higher licensing fees to fund enforcement, and enhanced record-keeping to facilitate oversight. In instructs DSHS, TABC, and the Department of Public Safety to coordinate efforts and partner with local law enforcement to increase enforcement statewide.
“They’re going to pass the regulatory rules necessary for one to ban these products from our kids, but while they’re at it, go ahead and begin creating a structure to regulate the marketplace for this,” Abbott said. “Trying to do as much as possible to get dangerous products off the market while at the same time not going beyond the bounds of the legal authority that would exist by a regulatory agency.”
Gov. Abbott has said he wants to protect children and prevent them from being able to access the product, while allowing adults to access THC products with strict regulations.
Patrick said during the discussions at the Capitol, there were things Republican leaders agreed to, but they did not make it into the executive order. They include prohibiting smoke shops, convenience stores, and corner stores from selling any THC product, banning all smokable THC products, and banning all Delta 8 and Delta 10 synthetic products.
“The executive order does none of this,” Patrick said. “Most of the issues in the executive order are left for agencies to look at in the future.”
Patrick and other Texas lawmakers have expressed concern that products are dangerous and unregulated and are being marketed and sold to minors, with little accountability.
Patrick and supporters of the bill say regulation is not feasible because law enforcement does not have enough resources to regulate the level of THC in products properly.
“A ban is the only way to truly protect kids from accessing these products,” Patrick said. “We have age limits on alcohol and cigarettes, but we know that does not stop kids from getting them either. The difference here is that one highly potent THC product can cause irreversible damage to a young person’s mind forever.”
Gov. Abbott has left the door open to a ban or state lawmakers taking further action to regulate the products in the future, but told reporters on Friday that he could not allow the status quo to continue.
“Some of this can and should be done by the legislature,” Abbott said. “Because the legislature didn’t do it, I wasn’t going to delay, and I am trying to act as strongly as I can to try to reduce this product in the marketplace.”
TABC, DSHS, Texas A&M AgriLife Extension Service, and other agencies will study a regulatory framework similar to House Bill 309 to create a transparent system that protects children while preserving adult access.
Patrick took issue with the 150-page regulation bill, stating that it was filed in the House at the last moment, lacked support and did not receive a hearing.
“The governor mentions in his executive order that he wants people 21 and over to ‘enjoy’ THC,” Patrick said. “For most people who buy these products, ‘enjoy’ means getting high. If they are not getting high, why are they buying any THC product?”
During the regular legislative session, state lawmakers expanded the Texas Compassionate Use Program, or TCUP, which allows for the medical use of THC as prescribed by doctors.
Patrick said he supports the TCUP program as well as allowing non-intoxicating products like CBD and CBG products to remain legal. Patrick is remaining firm on his stance and desire for a full ban on THC products, in part because he said he is concerned that not doing so could result in marijuana legalization in Texas.
“I am and will always be against any pathway that could open the door to recreational marijuana in our state. We do not want to be another failed Colorado,” Patrick said. “As always, I am open to conversations with the governor, as I would be on any issue.”
The state agencies are expected to begin the process of developing guidance and proposing new rules in the coming weeks.