Texas Governor Tells Lawmakers To Regulate Hemp THC Products Like Alcohol After Vetoing Bill To Ban Most Consumable Cannabinoids

The governor of Texas says that, rather than outright ban consumable hemp
products, lawmakers should establish a regulatory framework that treats
cannabinoids “similar to the way alcohol is regulated.”

After vetoing a controversial bill on Sunday that would have effectively
eliminated the state’s hemp market, Gov. Greg Abbott (R) proposed an
extensive list of policy changes that he says he would support—and which
the legislature will have the chance to enact during a special session the
governor is convening next month.

“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.
And to that end, multiple top Texas hemp companies did file a preemptive
lawsuit challenging the legislation, SB 3, 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.”

“At worst, Senate Bill 3 would be permanently invalidated by the courts; at
best, its implementation would be delayed for years as the case winds its
way through the legal system,” he said. “We can do better.”

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.”

“Legislators could consider a structure similar to the way alcohol is
regulated, with strict enforcement by an agency like the Texas Alcoholic
Beverage Commission,” he said, adding a list of recommended policies he
wants to see lawmakers adopt that include age restrictions, zoning
requirements and bans on public consumption.

*Here’s the full list of the governor’s recommended hemp regulations:*

- 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.”

Abbott on Sunday called a special session of a legislature to begin on July
21, saying in a press release that SB 3 and other vetoed bills would be
placed on the agenda for further consideration.

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’s led to an explosion of products—including edibles,
drinks, vape products and cured flower—sold by an estimated 8,000 retailers.

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

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

Lt. Gov. Dan Patrick (R), who championed the hemp ban legislation this
session, criticized Abbott’s move to veto the bill.

“His late-night veto, on an issue supported by 105 of 108 Republicans in
the legislature, strongly backed by law enforcement, many in the medical
and education communities, and the families who have seen their loved ones’
lives destroyed by these very dangerous drugs, leaves them feeling
abandoned,” he said on social media. “I feel especially bad for those who
testified and poured their hearts out on their tragic losses.”

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.

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


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Abbott separately signed a bill into law this month 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 last
month 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.

*Read the governor’s veto message on the hemp bill below: *



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The post Texas Governor Tells Lawmakers To Regulate Hemp THC Products Like
Alcohol After Vetoing Bill To Ban Most Consumable Cannabinoids appeared
first on Marijuana Moment.