The big picture
Priority legislation on the topic this year includes Senate Bill 3 from Sen. Charles Perry, R-Lubbock, and House Bill 28 authored by Rep. Ken King, R-Canadian. In separate interviews with Community Impact this month, both Lt. Gov. Dan Patrick and House Speaker Dustin Burrows reiterated their support to closely scrutinize the consumables industry and shut down THC retailers.
The House and Senate proposals would each approach consumable hemp regulations differently. SB 3 calls for a total ban on products with any level of cannabinoids, aside from CBD and cannabigerol, or CBG, which don't cause a high. HB 28 would allow some products to remain available to Texans while removing others from store shelves across the state.
“We are in a strange environment in Texas. We’ve never technically legalized hemp for this purpose, and it became this purpose," King said. "This is an elephant that Texas got. And we are going to go down a regulatory road at some point, I believe, and we’re trying to eat the elephant one bit at a time.”
After senators passed SB 3 in March, representatives on the House Committee on State Affairs considered that bill and HB 28 on April 7. King said he drafted his bill in response to an industry that's become a "public health hazard."
“After the passage of the Farm Bill, an unregulated THC market in Texas exploded," he said. "In the wake of this new market, many unsafe products were put in the hands of Texans, and most concerning, in the hands of Texas children.”
Both bills were left pending by the committee and could advance to the full House if approved following more review.
Put in perspective
House lawmakers heard hours of testimony during their April review of the legislation, most of which came in against an outright ban on THC products in Texas.
Bill opponents included a mix of local business owners, cannabis industry representatives and residents who said cannabis products have improved their medical conditions or everyday lives. While pushing to maintain a THC market in Texas, most also said they'd also like to see new restrictions to ensure product testing and safety, and prevent sales to minors.
“I support regulation, I advocate for strict labeling, child safety measures, third party testing and genuine accountability. I want bad actors removed from this space. But you don’t clean up a room by setting it on fire," said Katie Frazier, founder of local hemp business Plant Lady ATX.
David Mukpo, operator of Pamos Beverage Co., said HB 28 would wipe out thousands of local businesses statewide while hurting public health and safety by pushing consumers into the black market.
“Billions of dollars of consumer demand does not just go away because we want it to. That number shows that everybody in this room has a colleague, a family member and a friend who use products like ours in their daily life," he said.
King acknowledged the likely economic outcomes of his HB 28, stating the new law would disrupt the hemp industry and "absolutely" hurt local retailers like Frazier once in effect.
“I do believe it will have a negative impact on people who want to produce this product in the state," he said.
Courtney Holmes, a nurse and founder of the Parkinson's Project Foundation, said her husband sought natural healing after a Parkinson's diagnosis and that cannabis products now help him manage pain and other conditions.
“Our restrictions in Texas are forcing people towards the unregulated synthetics that we’ve all heard about today. ... Those are the things we need to worry about," she said. "We need education, regulation and access to the full spectrum, whole plant medicine."
Several veterans and current or past participants in the Texas Compassionate Use Program, or CUP, said that initiative is inaccessible with products that are too costly, versus options that are currently legal and widely available.
“I’ve been able to push boundaries and live a full, productive life because of these plant-based treatments. ... If this bill passes, the legal access to the products that allow me to function and thrive will vanish," said Terence Jones, who lost his legs serving in the military.
More details
Bill supporters said they stand against the proliferation of THC in Texas, and attempts by business interests to expand the market.
“Drug legalizers and those who profit as lobbyists and consultants make a lot of money off a known drug that devastates lives across America. Even states that allow these products have seen failures and are reversing course," said Paul Chabot, representing the Coalition for a Drug Free Texas. "If you give an inch to the marijuana lobby and allow loopholes as seen in HB 28, you’ll be steamrolled as the marijuana lobby grows bolder, unionizes, [and] raises millions to bankroll pro-marijuana candidates at the local and state levels.”
Several attendees also testified to negative medical outcomes they or their loved once experienced by using legally-available hemp products. Houston resident Alex Hess said her brother suffered repeated psychotic breaks after using THC.
“These are not mild or manageable substances. They are highly concentrated, dangerously accessible and capable of triggering irreversible harm," she said.
Brady Mills, Crime Laboratory Division chief with the Texas Department of Public Safety, and Tim Stevenson, deputy commissioner for consumer protection at the Texas Department of State Health Services, both testified to the difficulties the state agencies have faced with hemp testing and enforcement under current law.
For example, Mills said his department has handled more than 17,000 vape testing cases in the past two years alone, and that challenges with THC analysis mean that work can take double or quadruple the amount of time as a standard case. He also said taking most THC products off the market would help streamline DPS efforts, especially with tests for various cannabinoids costing hundreds of dollars each.
“A ban would allow us to be more effective in our testing because we’ll just do ‘presence of’ [THC]. Even the step where we’re just focused on Delta-9 and have a clear definition for the others is a benefit for the forensic laboratories as well," he said.
Lawmakers and those testifying also spent time discussing the possible impacts of a state ban on federally-allowed substances. Several business representatives said that while legislation like HB 28 would lead them to move operations out of state, it'd still be legal to send their products back to Texas consumers.
