Texas Stays Lit: Gov. Abbott Saves THC & Hemp Industry

Just before midnight, Gov. Greg Abbott saved the $8 billion THC industry in Texas with a veto of Senate Bill 3 that would have banned all THC products and punished adults up to a year in jail for possessing any THC products. The move also saved over 55,000 employees from losing their jobs and protect pharmacists, farmers, veterans and parents that may use products for medicinal purposes. Dallas Morning News reports Abbott wrote, “We can do better. 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.” He also shared that, “It could allow for the unconstitutional taking of private property — namely from the “responsible” growers, manufacturers and retailers who opened legal businesses and invested millions into the industry that was legal at the time.”

For years, Abbott has avoided the topic of THC and marijuana, arguing he has thousands of other bills that are more important. He made the decision with opposition from Lt. Gov. Dan Patrick who responded to the veto today during a press conference saying, “The Governor of State of Texas wants to legalize recreational marijuana in Texas. That’s the headline folks.” Patrick has been very outspoken about banning THC products citing them as a public health threat, especially to children, plus emphasizing they are a “poison in our communities.” As head of the Texas senate, this was a top legislative priority for him.

As we know, Texas has some of the strictest marijuana laws in the country, prohibiting all recreational use and a limited medical marijuana program. In Dallas, voters approved Proposition R, or the “Dallas Freedom Act,” which decriminalizes the possession of up to four ounces of marijuana. This means that Dallas police officers are instructed not to arrest or cite individuals for possessing this amount, nor can the smell of marijuana be used as probable cause for a search or seizure unless it involves a violent felony or a high-priority narcotics felony investigation. In Fort Worth, Texas, recreational marijuana is illegal, and possession of any amount can result in criminal penalties.

Texas does have a limited medical marijuana program known as the Compassionate-Use Program (CUP) where Texans with certain qualifying conditions can legally obtain low-THC cannabis products (up to 1% THC by weight) with a prescription from a registered physician.

Governor Abbott has called a special legislative session to begin on July 21 that will address issues including, but not limited to, the regulation of hemp-derived THC products. He will also create a law to “corral the problems” associated with these products and the session is expected to last for 30 days.