New Texas Bill Would Protect Consumers Who Try To Buy Legal Hemp Products But Get Marijuana Instead

Ahead of a special legislative session set to kick off in Texas next week,
a lawmaker has prefiled a new bill that would protect consumers in the
state from criminal charges if what they believed was a legal hemp product
turned out to contain excessive amounts of THC, making it illegal marijuana.

The one-page proposal, HB 42, from Rep. Nicole Collier (D), would prevent
criminalization of someone found in possession of a product that’s labeled
as hemp but is determined to contain “a controlled substance or marihuana.”

In order for the person to obtain the legal protection, the product would
need to have been purchased “from a retailer the person reasonably believed
was authorized to sell a consumable hemp product.”

Last month, Texas Gov. Greg Abbott (R) vetoed a bill that would have put a
statewide ban on consumable hemp products with any traces of THC.

But the governor signaled that he wants lawmakers to return to the issue,
last week announcing two specific hemp-related agenda items for a special
legislative session set to begin on Monday. He also reiterated his
opposition to enacting a blanket prohibition on hemp products, which he
called “a lawful agricultural commodity.”

One of the agenda items, titled “protect children from THC,” calls for
legislation “making it a crime to provide hemp-derived products to children
under 21 years of age.”

The other, under the heading “regulate hemp-derived products,” requests a
measure “to comprehensively regulate hemp-derived products, including
limiting potency, restricting synthetically modified compounds, and
establishing enforcement mechanisms, all without banning a lawful
agricultural commodity.”

The two items are among 18 that Abbott included in a proclamation last week
announcing the agenda for the special lawmaking session.

The new bill from Collier, HB 42 does not itself address either item on its
own. It’s consistent, however, with comments from the governor that rather
than ban consumable hemp products outright, lawmakers should establish a
regulatory framework that treats cannabinoids “similar to the way alcohol
is regulated.”

Lt. Gov. Dan Patrick (R), meanwhile—who backed SB 3, the measure that would
have outlawed nearly all hemp-derived products—has explicitly accused the
governor of wanting to legalize adult-use cannabis because he rejected the
hemp legislation.

Hemp advocates and stakeholders had delivered more than 100,000 petition
signatures asking Abbott to veto the measure. Critics of the bill argued
that the industry—which employs an estimated 53,000 people—would be
decimated if the measure became law.

Texas lawmakers legalized the sale of consumable hemp in 2019, following
enactment of the 2018 federal Farm Bill, which legalized the plant
nationwide. That led to an explosion of products—including edibles, drinks,
vape products and cured flower—now sold by an estimated 8,000 retailers.

Military veterans advocates, including Texas Veterans of Foreign Wars, also
called on the governor to veto the hemp ban, saying it “would cause
irreversible harm to communities across the state.”

Farmers said the prohibition would devastate a key sector of the state’s
agriculture industry.

Following his veto, Abbott proposed an extensive list of policy changes
that he said he would support—and which the legislature will have the
chance to enact during the special session.

“Texans on each side of the Senate Bill 3 debate raise serious concerns.
But one thing is clear—to ensure the highest level of safety for minors, as
well as for adults, who obtain a product more dangerous than what they
expected, Texas must strongly regulate hemp, and it must do so
*immediately,*” Abbott said.

Part of the rationale behind his veto was the risk of litigation over
“valid constitutional challenges” that he suggested would hold up in court.
Multiple top Texas hemp companies had already filed a preemptive lawsuit
challenging the legislation before the governor’s veto.

“If I were to allow Senate Bill 3 to become law, its enforcement would be
enjoined for years, leaving existing abuses unaddressed,” Abbott said in
his veto message. “Texas cannot afford to wait.”

Rather than face the possibility of having the law enjoined, or
indefinitely delayed, the governor said the state “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.”

*Here’s the full list of the governor’s recommended hemp regulations noted
in his veto message:*

- Selling or providing a THC product to a minor must be punishable as a
crime.
- Sales must be prohibited near schools, churches, parks, playgrounds,
and other areas frequented by children.
- Packaging must be child-resistant, tamper-evident, and resealable;
- Products must not be made, packaged, or marketed in a manner
attractive to children.
- Any store selling these products must have a permit and restrict
access to anyone under the age of 21, with strict penalties for any
retailer that fails to comply.
- Products containing THC may not contain other psychoactive substances
(e.g., alcohol, tobacco, kratom).
- Testing must be required at every phase of production and
manufacturing, including for both plants and derivative consumable products.
- Manufacturing and processing facilities must be subject to permitting
and food safety rules.
- Permit and registration fees must suffice to support robust
enforcement and testing by the Texas Alcoholic Beverage Commission, in
partnership with other state agencies.
- An operator’s permit and warning/danger signs must be posted at any
store selling these products.
- Sales must be limited to the hours between 10:00 a.m. and 9:00 p.m.,
and prohibited on Sundays.
- The amount of THC permissible in each product must be restricted and
an individual may make only a limited number of purchases in a given period
of time.
- Labels must include a surgeon general-style warning, a clear
disclosure of all ingredients, including the THC content, and a scannable
barcode or QR code linking to test results.
- Fraudulently creating or displaying manifests or lab results must be
punishable as felony offenses.
- Public consumption, consumption on the premises of any store that
sells these products, and possession of an open container in a vehicle must
be punishable as crimes.
- The Attorney General, district attorneys, and county attorneys must
have authority to pursue violations under the Deceptive Trade Practices Act.
- Local governments must have the option to prohibit or limit stores
selling these products.
- Excise taxes must be assessed on these products to fund oversight and
enforcement.
- Additional funding must be provided to ensure law enforcement have
sufficient resources to vigorously enforce restrictions.

“This list, of course, is not exhaustive. But it may provide items to
consider in a regulatory system that is strict, fair, and legally
sustainable,” Abbott said. “Passing a law is not the same thing as actually
solving a problem. Texas needs a bill that is enforceable and will make our
communities safer today, rather than years from now. Next month, the
Legislature will have the opportunity to address this serious issue. I look
forward to working with them to ensure that we get it right.”


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
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Meanwhile, a recent survey from a GOP pollster affiliated with President
Donald Trump showed that Texas Democratic and Republican voters are unified
in their opposition to the hemp ban bill.

Another poll commissioned the Texas Hemp Business Council (THBC) found that Texas
Republican primary voters oppose the proposal.

Last month, the governor signed bill to significantly expand the state’s
medical marijuana program with new qualifying conditions additional product
forms and more dispensary locations.

Abbott separately signed a bill into law to create a state-backed research
consortium to conduct clinical trials on ibogaine as a possible treatment
for substance use disorders and other mental health conditions. The
ultimate goal of the project is to develop the psychedelic into a
prescription drug with federal Food and Drug Administration (FDA) approval,
with the state retaining a portion of the profit.

The measure expands the state’s list of medical cannabis qualifying
conditions to include chronic pain, traumatic brain injury (TBI), Crohn’s
disease and other inflammatory bowel diseases, while also allowing
end-of-life patients in palliative or hospice care to use marijuana.

Separately in Texas, a House committee approved a Senate-passed bill in May
that would prohibit cities from putting any citizen initiative on local
ballots that would decriminalize marijuana or other controlled
substances—as several localities have already done despite lawsuits from
the state attorney general.

Under the proposal, state law would be amended to say that local entities
“may not place an item on a ballot, including a municipal charter or
charter amendment, that would provide that the local entity will not fully
enforce” state drug laws.

While several courts have previously upheld local cannabis
decriminalization laws, an appellate court comprised of three conservative
justices appointed by the governor has recently pushed back against two of
those rulings, siding with the state in its legal challenge to the
marijuana policy in Austin and San Marcos.

Despite the ongoing litigation and advancement of the House and Senate
bills, Texas activists have their targets set on yet another city, Kyle,
where they hope put an initiative before voters to enact local marijuana
reform at the ballot this coming November.

A recent poll found that four in five Texas voters want to see marijuana
legalized in some form, and most also want to see regulations around
cannabis relaxed.

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Products But Get Marijuana Instead appeared first on Marijuana Moment.