Senate Bill 5 would ban products containing any detectable amount of any cannabinoid, creating criminal offenses for possession of hemp-derived THC.
AUSTIN, Texas — The Texas Senate is doubling down with its attempt to ban hemp-derived THC, setting up another showdown with the House, where lawmakers are more amenable to regulating the substance than eliminating it from recreational use.
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Senate Bill 5 by Sen. Charles Perry, R-Lubbock, would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. This bill would eliminate the majority of hemp products, including those that are legal under the federal definition.
The bill would make the manufacturing, delivering or possessing with the intent to provide consumable hemp products a third-degree felony offense, as well as create misdemeanor offenses for providing consumable hemp by courier, delivery, or mail service. Possession of hemp products will be considered a misdemeanor offense. However, a person caught illegally possessing the products for the first time will not face charges under the bill.
Perry said that the state has tried to regulate hemp, but it’s not being enforced.
“We will regulate it by banning it because we have tried regulation,” said a visibly frustrated Perry during Tuesday’s Senate State Affair Committee hearing on the bill.
Gov. Greg Abbott has asked lawmakers to prioritize hemp regulatory issues during the 30-day special session that started on Monday. SB 5 is essentially a revival of Senate Bill 3 from this year’s regular legislative session, which lawmakers passed but Abbott vetoed. Abbott, in his veto of THC ban, urged lawmakers to instead regulate hemp sales similarly to liquor sales, by prohibiting sales near places frequented by children, and prohibiting sales to anyone under the age of 21, with strict penalties for any retailer that fails to comply. The hemp industry has largely been amenable to these restrictions.
Abbott’s veto came after immense pushback from hemp supporters, including veterans and chronically ill people, who said hemp has been a cheaper and more accessible alternative to the medical marijuana program. Lt. Gov. Dan Patrick, who was a large supporter of a THC ban, lambasted the veto as an attempt to legalize adult-use cannabis.
Although reports circulated during the hearing on Tuesday suggesting that Abbott had suddenly changed his mind on and supports a ban, his press secretary Andrew Mahaleris said the governor supports a ban for those under 21, with a full ban on “extraordinarily dangerous synthetic products.”
“Adults should be able to access heavily regulated, nonintoxicating levels of hemp, and there should be strict legal enforcement of hemp that exceeds 3.0 milligrams total THC per serving,” he said in the statement. “The Governor will continue working with the legislature to establish a framework that meets those goals.”
During the hearing, several senators took the opportunity to take shots at pro-hemp supporters, accusing them of using veterans as a battering ram to protect an “illegal market.”
“It’s just slimy and dishonest,” said Sen. Bob Hall, R-Edgewood.
Hall and others started to question and encourage law enforcement to begin arresting hemp consumers and retailers without the passage of SB 5, since this was an illegal market.
Steve Dye, Allen police chief who has pro-actively cracked down on hemp in his city, said not many police chiefs want to go after hemp due to potential lawsuits and not many district attorneys want to prosecute these substances, but he believes a ban will force many businesses to close, making it easier to control hemp.
“It would take decades, in our opinion, and millions of millions of dollars to hire and train agents to understand chemistry, potency threshold, lab testing and labeling compliance, and they will never be able to keep pace with the retailers, wholesalers and shippers,” Dye said.
Other lawmakers called hemp products “gas station heroin,” suggested that the Uvalde shooter might have had mental problems due to marijuana usage, called retailers “modern day trap-houses,” and indicated that THC might cause dementia in older people.
“It’s especially concerning given your recent investment in the dementia institute of Texas. It’d be counterproductive to fund dementia prevention while also expanding access to products that may increase dementia risk,” said Lindy McGee, a member of the Texas Pediatric Society.
Perry, throughout the hearing, emphasized that he needed a strong showing of support to implement this ban, suggesting police chiefs encourage school district leaders to support the effort and encourage other groups to talk about the damage caused by THC in hopes of reaching Abbott.
Perry’s call comes after months of massive response from THC supporters about the damages a ban would do to the economy and to ailing Texans, many of whom signed up to speak on Tuesday.
Ramona Harding, a Navy veteran, told lawmakers about how she was raped while in the service, leading to her drug and alcohol addiction. After her two brothers died from alcohol poisoning, her family and medical professionals recommended she move to hemp, and she says it’s the only thing keeping her alive.
“If you pass this, I don’t know what I am going to do. I promised my husband I wouldn’t kill myself,” she said.
Other veterans accused lawmakers of betraying their conservative values and dismissing polls that show a majority of Texans don’t want a ban.
“This is turning Texas into a nanny state,” said Mitch Fuller, a representative for Texas VFW. “This is about the alcohol lobby and the pharmaceutical lobby. You want to talk about poison. Pharmaceuticals are the poison.”
Farmers, lawyers, retailers, parents, real estate agents, and others testified before lawmakers, taking exception to how they have been described by Perry and others. They said a ban restricts the freedoms of Texans and goes against the spirit of the state.
“We followed every rule, food grade standards, lab testing, licensing and more, and now we are being accused of targeting children, working with cartels, and being terrorists,” said John Elmore, a hemp farmer in Texas. “As a Texan, I never expected this level of misdirection from people we were supposed to trust.”
Some hemp advocates resigned themselves to the prospect of another ugly fight this special session.
“I am not here with any naivety. I know I am not going to change your minds,” said Zach Crow, an attorney who represents businesses operating in hemp and cannabis markets. “But marijuana and cannabis are not the boogieman you are making it out to be. My clients don’t sell THC to children, period, and we would like to see those people in jail.”
This story comes from The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government, and statewide issues.