AUSTIN (Nexstar)- The Senate State Affairs Committee began its discussion on a bill that would ban all forms of THC, the primary psychoactive ingredient in marijuana on Monday.
Texas Senate Bill 3 was named one of Lt. Gov. Dan Patrick’s priority bills for this session in January and aims to address concerns that unregulated THC products are being sold across the state.
This comes after Texas lawmakers legalized the commercialization of hemp, including products with THC levels under 0.3%, in Texas in 2019. But Patrick contends that retailers have abused the law by using loopholes to market products with unsafe levels of THC, especially to minors.
Senators echoed that sentiment in Monday’s meeting.
“We’ve tried to let the industry regulate itself… they’ve proved they can’t, they don’t want to and won’t. It’s time to fix it,” said Sen. Charles Perry, R- Lubbock, in Monday’s meeting. Perry, the author of SB 3, previously carried the 2019 agricultural bill and has expressed concern over the growth in hemp dispensaries that have popped up since the passing of the previous bill.
According to Dr. Tim Stevenson, the Deputy Commissioner for Consumer Protection for the Department of State Health Services, there are currently 740 licensed manufacturers of THC and 5,043 retail registrants with more than 8,000 locations throughout the state.
Critics of the current hemp market point to a lack of testing requirements, age restrictions, and regulations, arguing that the variety of products — from smokable vapes to oils to gummies and baked goods — has posed health risks, marketed to minors and disrupted access for those who need medical cannabis.
This bill aims to ease those concerns by prohibiting the sale of consumable hemp products to minors under 21. It also requires all legal consumable hemp products to be properly labeled and placed in tamper-evident, child-resistant and resealable packaging. Additionally, the bill creates new criminal offenses to prevent the sale of illegal products in Texas.
Currently, the difference in the legal and illegal products lie in the plants from which they come. Hemp and marijuana plants are both cannabis plants but, marijuana plants have high levels of THC, while hemp contains low amounts of the ingredient.
Monday’s meeting included testimony from Steve Dye, the police chief in Allen, who also leads the Texas Police Chiefs Association’s efforts regarding consumable hemp products. During his testimony, he provided handouts documenting a unified letter of support for SB 3 from the Texas Police Chiefs Association, the Sheriff’s Association, the Texas School District Police Chiefs Association, The Voice of Texas Law Enforcement (TMPA) and the Combined Law Enforcement Associations of Texas (CLEAT). Dye added SB 3 could do more to help law enforcement.
“We need your help in protecting our communities and urge you to support Senate Bill 3. However, we believe more elements need to be added to this bill to ensure that it’s both enforceable and prosecutable.”
They also heard testimony from Justin Arsenault, a sergeant in the narcotics division of Allen PD, Brian Hawthorne, the Sheriff of Chambers County, and Dr. Lindy McGhee, a pediatrician in Houston. All were in support of the bill and provided evidence from their respective backgrounds as to why this measure is necessary.
Many who oppose the bill are in favor of increased regulation but believe a ban would go too far, hurting both consumers and businesses.
After hearing from the panel, the committee decided to leave SB 3 pending until public testimony later on Monday afternoon. The bill must get through committee, pass through the Senate and the House before it heads to Gov. Greg Abbott’s desk to be signed into law.
