Future of THC up in the air at Texas Capitol as store owners call for regulation over bans
As of 5 p.m. Monday, lawmakers were still listening to members of the public about House Bill 28, which would ban all THC consumables, like vapes and edibles, but would regulate THC-infused drinkables. Texas Rep. Ken King, R – Canadian, filed the bill. Also scheduled for testimony on Monday is Senate Bill 3, which would create a complete ban on THC products. It passed the Texas Senate on March 19.
HB 28 calls for many of the regulatory measures that lawmakers and many cannabis industry advocates have been pushing for including 21+ age restrictions on purchases, banning synthetic cannabinoids, more stringent testing of products, packaging that is child-resistant and responsibly marketed, and limits on the milligrams of THC in a serving.
Steve Dye, the Chief of the Allen Police Department, testified against HB 28 because he supports a complete ban on all THC products, including drinkables. Dye testified his 27-square-mile town has 24 shops that sell THC products, and investigations by his department found the potency of current products is far higher than in years past.
'The average THC concentration is 29%,' Dye testified. He also said his department is regularly finding high school-age children with THC consumables.
Mickey and Todd Harris — third-generation Austinites — are brothers and business partners who own The Happy Cactus, a CBD store. They are approaching their four-year anniversary of opening, but they worry with this new legislation will lead to the closure of their business and many like it around the state.
'We're just frustrated that they're trying to attack something that's been so beneficial to our community in Texas,' Harris explained. A complete THC ban would leave their business with just one product eligible to be sold that is currently on their shelf. Their business also sells THC-drinks but that only makes up about 5% of their sales.
They are against both bills and instead are asking lawmakers to require regulations instead of bans on THC products. The brothers say they regularly regulate the products they sell in their own store, and they would appreciate if the state required all businesses to do the same.
'So we could still supply all the products that Texans need, but still make sure that they're safe,' Harris explained.
The Happy Cactus is actually located across the street from Crockett Early College High School, which has became a major concern for those who support a complete ban on THC products. The brothers sent a letter to the principal of the school to work with them on making sure no high school children are even entering their business. In the four years of being opened, the brothers say they have never had an issue with a high school student coming into their store as they always card everyone who comes to make sure they're over the age of 21.
The letters can be read below:
Letter to Crockett Early College High SchoolDownload
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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