What you need to know
In a statement issued shortly before a midnight deadline to sign or veto bills, Abbott said that while the proposed THC ban was “well-intentioned,” it had “undeniable” legal issues that could leave the legislation “permanently invalidated by the courts.” He cited a similar Arkansas law, which he said passed in 2023 but never took effect due to constitutional concerns.
Abbott urged Texas lawmakers to instead consider stricter regulations on the psychoactive substance during a special legislative session, which is set to begin July 21.
Senate Bill 3 would have banned and criminalized the possession, sale and manufacture of all products containing hemp-derived THC.
“The current [THC] market is dangerously under-regulated, and children are paying the price,” Abbott said in the statement explaining his veto. “If Senate Bill 3 is swiftly enjoined by a court, our children will be no safer than if no law was passed, and the problems will only grow. ... Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure and can take effect without delay.”
Proponents of SB 3, including Lt. Gov. Dan Patrick and a majority of state lawmakers, have said a complete ban on THC products is necessary to protect Texans from high-potency products that are currently subject to limited regulations.
“What Gov. Abbott proposes is for us to legalize marijuana in Texas by regulating it,” Patrick said during a June 23 news conference. “The best way to protect the adults or the children is to ban the product. You cannot regulate [8,000] to 9,000 locations. We do not have enough law enforcement to do so, and they'll continue to sell it, skirting the law.”
Critics of a THC ban said it would damage the economy and harm some veterans who use THC to treat conditions such as PTSD, anxiety and chronic pain. In a June 22 social media post, the Texas Hemp Business Council, which advocates for hemp retailers, said Abbott’s veto “showed real leadership.”
“[Abbott] has shown the people of Texas who he works for—proving that truth, freedom and the voices of Texans still matter,” the council said. “By vetoing SB 3, he stood with millions of Texans [and] protected 53,000+ jobs.”
The nonpartisan Legislative Budget Board estimated in May that Texas would lose about $27 million by 2027 if a THC ban went into effect.
At a glance
Texas’ 140-day regular legislative session ended June 2. Abbott signed 1,155 bills into law, set 140 to become law without his signature and vetoed 28 bills, according to his office.
All seven of the governor’s top legislative priorities passed, including measures aimed at reducing property taxes for homeowners and businesses; raising salaries for public school teachers; and improving the state’s water supplies.
“This session has seen monumental success, but there is more we can do,” Abbott said in a statement issued early June 23.
Abbott called lawmakers back to Austin for a 30-day special session that will begin July 21. During a special session, lawmakers can only pass legislation on topics selected by the governor, according to the Texas Constitution. He has asked lawmakers to reconsider:
- SB 3, the proposed THC ban
- SB 648, relating to recording requirements for certain instruments concerning real property
- SB 1253, relating to impact and production fees for certain water projects and to the regulation of certain wells; authorizing a fee
- SB 1278, relating to an affirmative defense to prosecution for victims of trafficking of persons or compelling prostitution
- SB 1758, relating to the operation of a cement kiln and the production of aggregates near a semiconductor wafer manufacturing facility
- SB 2878, relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government
Also of note
Among the bills Abbott signed into law was House Bill 46, which will expand eligibility for low-THC medical cannabis products by building out an existing state program that some Texans have said does not currently help enough people.
Beginning Sept. 1, HB 46 will add conditions such as chronic pain and Crohn’s disease to Texas’ Compassionate Use Program and allow doctors to prescribe more forms of medication, including inhalers and vaping devices. The bill also allows up to 15 medical cannabis dispensaries to operate in Texas, up from three under current law, and gives licensed dispensaries the option to create satellite locations to store medication.
Medical cannabis providers must currently house all of their operations and store products in a single location. This means providers and patients often drive hours to transport and pick up medication, said Nico Richardson, CEO of the dispensary Texas Original.
“[The program] is not set up to succeed right now, and it's not set up to provide reasonable access to patients,” Richardson told Community Impact on April 25. “The law that we operate under says that we have to provide reasonable access to patients across Texas, and our regulations are not allowing us to do that.”
Patrick called HB 46 “worthless” during his June 23 news conference.
“We passed maybe the best [medical cannabis] program to address those with PTSD, cancer, Crohn's disease,” Patrick said. “Who's going to go there now when they can go to any smoke shop and get what they want?”
