Latest news with #TexasCannabisPolicyCenter
Yahoo
23-05-2025
- Health
- Yahoo
Texas is about to ban THC products. Here's what to know.
Texas is poised to ban all THC products in the state, including vapes, gummies and drinks that provide consumers similar effects to marijuana. The proposed law, Senate Bill 3, would ban consumable hemp products that contain any synthetic cannabinoid, often known as delta-8. Non-intoxicating and non-psychoactive CBD or CBG would remain legal. People found in possession of a product with those intoxicating cannabis compounds could face a fine of up to $500 come September. Higher fines and jail time would be possible for repeat offenders. Only Texans approved to use medical marijuana for certain conditions would be able to use low-level THC prescriptions. A separate proposal could expand access to the limited medical program. The proposed ban is in the final stages of the legislative process, with lawmakers taking largely procedural votes. Gov. Greg Abbott, who could veto the legislation, has not made public comments. The ban has been one of fellow Republican Lt. Gov. Dan Patrick's top legislative priorities. Here's what you need to know. Under the proposed law, hemp products would include a 'food, a drug, a device, or a cosmetic' that contains hemp or hemp-derived cannabinoids. This could include products such as gummies, edibles, vapes and ointments with hemp or any cannabis compounds. CBD and CBG, though still legal, are also considered consumable hemp products in the legislation and would eventually have to be registered with the state. Hemp is a type of cannabis plant with a lower content of the 'high-inducing' tetrahydrocannabinol, or THC, content also found in marijuana at higher concentrations. Since hemp was legalized federally in 2018 and Texas in 2019, it has increasingly been used in a variety of ways, including in food, textiles and to produce pain-treating CBD products as well as THC products. Marijuana — defined by federal law as cannabis that exceeds 0.3% THC concentration — has remained illegal to use or possess under Texas law. Texans, including individuals with conditions not yet approved in the state's medical use program, are set to lose legal access to THC products currently sold at smoke shops, convenience stores, and thousands of other retailers across the state. Though hemp products containing only CBD and CBG would still be legal, advocates say the ban could make access to and production of these products difficult. 'It's very difficult to even be able to isolate CBD in a way that completely eradicates every other element of the plant,' said Heather Fazio, director of the Texas Cannabis Policy Center. 'This is a very tall order for a company to reach compliance, and there are going to be very few manufacturers that are able to hit these targets. There's going to be far less CBD available to Texas consumers because of the unreasonably strict standards that have been placed in this bill.' Farmers have said there is no way they can produce hemp without traces of THC, even for non-consumable products like clothing and paper. Critics of the ban say this could shutter the hemp industry, which, according to one estimate, accounts for roughly 50,000 jobs and generates $8 billion in tax revenue annually. When lawmakers legalized hemp products in 2019, they maintained a ban on products containing more than trace amounts of delta-9 THC, a naturally more potent, high-inducing cannabis compound. However, lawmakers did not specifically account for other hemp derivatives. Now, lawmakers in favor of banning THC say they need to close a loophole that allowed thousands of retailers to sell edibles, drinks, vapes and flower buds laced with potentially dangerous concentrations of THC. Opponents of the ban say completely banning THC products, rather than regulating them, could push consumers to seek unsafe alternatives. 'By doing that, the state hands over any opportunity they have to ensure consumer protection, to keep these products away from young people and to hold accountable suppliers of potentially bad product,' Fazio said. If the legislation wins final approval from both chambers, the ban would go into effect in September, like most new laws. Requirements for CBD and CBG retailers to register with the state would not go into effect until Jan. 1, 2026, giving state agencies time to implement rules. After this point, selling and possessing any consumable hemp product not registered with the state would also become criminal offenses. However, retailers in Texas have indicated they are ready to challenge the ban in court, which could open the possibility for a judge to pause or complicate implementation of the law. The legislation does not address what consumers should do with the products they already have, but the penalty for people in possession of hemp products other than CBD and CBG does not go into effect until Sept. 1. The ban also adds many criminal offenses related to THC and hemp products. Offenders found in possession of THC would face a Class C misdemeanor punishable by a fine of up to $500, with a chance to expunge their record by performing community service and completing a 'substance misuse education program.' Those with two or more previous convictions for possession could face a fine between $250-2,000 and/or 180 days in jail, and they would not be eligible to receive deferred disposition or deferred adjudication. Other offenses that would be Class A misdemeanors include: Selling a consumable hemp product to people under the age of 21. Marketing a consumable hemp product in a way attractive to minors. Misleading marketing of consumable hemp products. Mailing or delivering of a consumable hemp product. Class B misdemeanors – punishable by up to 180 days in jail – include: Manufacturing or distributing consumable hemp products for smoking. Selling or delivering consumable hemp products in or within 1,000 feet of a school. Selling and manufacturing THC products would be a third-degree felony, punishable by 2 to 10 years in prison. This includes possessing THC products with the intention to deliver them. Manufacturing consumable hemp products without a license or selling them without registering as a retailer would also be third-degree felonies. Marijuana has remained illegal under Texas law, with various penalties depending on the amount. Some cities in Texas have attempted to decriminalize possession of less than 4 ounces of marijuana, but those efforts have faced lawsuits from Texas Attorney General Ken Paxton and mixed results in courts. Medical use of cannabis may be an option for Texans with certain conditions. It requires patients to get a prescription from a physician registered with the program and for the physician to determine the benefits outweigh the risks. Under the existing program, only the following diagnosed conditions qualify: Amyotrophic lateral sclerosis Autism Cancer Epilepsy Multiple sclerosis Post-traumatic stress disorder A seizure disorder Spasticity An incurable neurodegenerative disease A medical condition for which the patient is currently being treated under an approved research program. However, there are only three licensed dispensing organizations for the medical program in Texas, further complicating access for patients, said Shawn Hauser, a partner at the firm Vincente LLP. Patrick, who has fiercely championed the THC ban, expressed support for expanding the program, including licensing more dispensers. That is among the proposals in a separate bill that would expand the program by extending access to people with Crohn's disease, chronic pain and those receiving hospice or palliative care. The measure has passed the House and is awaiting a vote from a Senate committee. Jasper Scherer contributed. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
23-05-2025
- Business
- Yahoo
Texas votes to outlaw most hemp products, potentially crippling market
Texas is poised to decimate the state's booming multibillion-dollar hemp industry. The state House voted to ban almost all hemp products Wednesday, which would deal a crippling blow to an industry that's spawned more than 8,000 licensed shops and employs tens of thousands of workers. The ban bill previously passed the Senate and appears on a glide path to the desk of Republican Gov. Greg Abbott, but it will almost certainly spark legal fights. Businesses 'are going to be wiped out,' said Heather Fazio, director of the Texas Cannabis Policy Center, one of the most vocal opponents of the ban bill. 'This is especially unfair because this industry has been allowed to thrive for six years.' The vote was a stunning reversal for the House after it advanced legislation that sought to regulate — rather than ban — intoxicating hemp products. The state's hemp industry had looked to the chamber as an ally after Republican Lt. Gov. Dan Patrick made it one of his top legislative priorities to crack down on the burgeoning, loosely regulated market for intoxicating products, arguing that it presents a major public health threat. Patrick vowed that he would not compromise on anything besides an outright ban on THC and other intoxicating compounds, threatening to hold up other legislation from the House. 'I've never been more passionate about anything,' Patrick said in a video he posted to social media this week. 'If we leave Austin this session and we don't ban these products for the next two to three years, we're going to see lives destroyed.' Ultimately, just one House Republican voted against the proposal to ban almost all hemp products. The bill 'may have serious and harmful unintended consequences such as shuttering thousands of small businesses,' Republican Rep. Brian Harrison said in a statement explaining why he voted against the bill. '[It] exceeds the proper role of government and may ban many products that President Trump legalized in 2018.' State lawmakers and regulators across the country have been struggling to put guardrails around the rapidly growing market for intoxicating hemp-derived products, which has thrived especially in states with restrictive marijuana laws. The industry exploded in the years after Congress legalized hemp through the 2018 farm bill. Hemp industry advocates thought they had found allies in the Texas House, which was more concerned with the potential ramifications of killing an industry worth at least $4 billion in the state. During a marathon legislative hearing earlier this month, lawmakers listened to the concerns of small business owners and consumers. Hemp industry advocates pushed for increased regulations, asking lawmakers not to punish their small businesses due to bad actors who sell highly potent products to minors. Their entreaties seemed to work: After listening to hours of public testimony against banning intoxicating hemp products, the State House Affairs committee overhauled the Senate-passed bill to regulate the hemp industry, proposing public health measures like age restrictions, packaging rules and lab testing requirements. The House version of the bill would also have banned synthesized cannabinoids and capped THC content in consumable hemp products to 10 mg per serving. But on Wednesday night, Republican Rep. Tom Oliverson put forth an amendment to replace the House version of the bill with the Senate-passed language. While the House made some minor changes, the substance of the THC ban remains. The main reason for the seeming about-face is Patrick, who "held school funding hostage in exchange for votes on passing a ban," said Cynthia Cabrera, chief strategy officer of Austin-based hemp company Hometown Hero. "Children were used as leverage to get what he wanted." Neither Patrick nor Abbott responded to requests for comment. The hemp ban bill would also institute new criminal penalties for hemp possession that are even more severe than those for marijuana possession. Possessing non-compliant hemp products is punishable by up to one year in jail under the bill, while the maximum penalty for marijuana possession in the state is six months in jail. 'Sadly, we're going to see many, many thousands of people arrested between now and the next legislative session for possession of a federally legal product,' said Fazio. Indeed, hemp businesses are already strategizing their next steps, including efforts to persuade Abbott to veto the bill. If that doesn't happen, they are almost certain to sue over the ban. '[The bill] represents a blunt-force approach that will collapse an entire economic ecosystem,' Thomas Winstanley, executive vice president of hemp e-commerce platform said in a statement. 'For a state that prides itself on being pro-business, SB3 is antithetical to its values at worst and hypocritical at best.'
Politico
22-05-2025
- Business
- Politico
Texas votes to outlaw most hemp products, potentially crippling market
Texas is poised to decimate the state's booming multibillion-dollar hemp industry. The state House voted to ban almost all hemp products Wednesday, which would deal a crippling blow to an industry that's spawned more than 8,000 licensed shops and employs tens of thousands of workers. The ban bill previously passed the Senate and appears on a glide path to the desk of Republican Gov. Greg Abbott, but it will almost certainly spark legal fights. Businesses 'are going to be wiped out,' said Heather Fazio, director of the Texas Cannabis Policy Center, one of the most vocal opponents of the ban bill. 'This is especially unfair because this industry has been allowed to thrive for six years.' The vote was a stunning reversal for the House after it advanced legislation that sought to regulate — rather than ban — intoxicating hemp products. The state's hemp industry had looked to the chamber as an ally after Republican Lt. Gov. Dan Patrick made it one of his top legislative priorities to crack down on the burgeoning, loosely regulated market for intoxicating products, arguing that it presents a major public health threat. Patrick vowed that he would not compromise on anything besides an outright ban on THC and other intoxicating compounds, threatening to hold up other legislation from the House. 'I've never been more passionate about anything,' Patrick said in a video he posted to social media this week. 'If we leave Austin this session and we don't ban these products for the next two to three years, we're going to see lives destroyed.' Ultimately, just one House Republican voted against the proposal to ban almost all hemp products. The bill 'may have serious and harmful unintended consequences such as shuttering thousands of small businesses,' Republican Rep. Brian Harrison said in a statement explaining why he voted against the bill. '[It] exceeds the proper role of government and may ban many products that President Trump legalized in 2018.' State lawmakers and regulators across the country have been struggling to put guardrails around the rapidly growing market for intoxicating hemp-derived products, which has thrived especially in states with restrictive marijuana laws. The industry exploded in the years after Congress legalized hemp through the 2018 farm bill. Hemp industry advocates thought they had found allies in the Texas House, which was more concerned with the potential ramifications of killing an industry worth at least $4 billion in the state. During a marathon legislative hearing earlier this month, lawmakers listened to the concerns of small business owners and consumers. Hemp industry advocates pushed for increased regulations, asking lawmakers not to punish their small businesses due to bad actors who sell highly potent products to minors. Their entreaties seemed to work: After listening to hours of public testimony against banning intoxicating hemp products, the State House Affairs committee overhauled the Senate-passed bill to regulate the hemp industry, proposing public health measures like age restrictions, packaging rules and lab testing requirements. The House version of the bill would also have banned synthesized cannabinoids and capped THC content in consumable hemp products to 10 mg per serving. But on Wednesday night, Republican Rep. Tom Oliverson put forth an amendment to replace the House version of the bill with the Senate-passed language. While the House made some minor changes, the substance of the THC ban remains. The main reason for the seeming about-face is Patrick, who 'held school funding hostage in exchange for votes on passing a ban,' said Cynthia Cabrera, chief strategy officer of Austin-based hemp company Hometown Hero. 'Children were used as leverage to get what he wanted.' Neither Patrick nor Abbott responded to requests for comment. The hemp ban bill would also institute new criminal penalties for hemp possession that are even more severe than those for marijuana possession. Possessing non-compliant hemp products is punishable by up to one year in jail under the bill, while the maximum penalty for marijuana possession in the state is six months in jail. 'Sadly, we're going to see many, many thousands of people arrested between now and the next legislative session for possession of a federally legal product,' said Fazio. Indeed, hemp businesses are already strategizing their next steps, including efforts to persuade Abbott to veto the bill. If that doesn't happen, they are almost certain to sue over the ban. '[The bill] represents a blunt-force approach that will collapse an entire economic ecosystem,' Thomas Winstanley, executive vice president of hemp e-commerce platform said in a statement. 'For a state that prides itself on being pro-business, SB3 is antithetical to its values at worst and hypocritical at best.'
Yahoo
01-04-2025
- Politics
- Yahoo
TribCast: Is it high time to regulate or ban THC in Texas?
THC - to ban, or to regulate? That is the question of the session. Eleanor talks with Texas Tribune politics reporter Jasper Scherer and Heather Fazio, with the Texas Cannabis Policy Center, about how we got here and why this issue is taking center stage this legislative session. Watch the video above, or subscribe to the TribCast on iTunes, Spotify, or RSS. New episodes every Tuesday. This week's episode is sponsored by the Safer Texas Alliance and the Beer Alliance of Texas. Tickets are on sale now for the 15th annual Texas Tribune Festival, Texas' breakout ideas and politics event happening Nov. 13–15 in downtown Austin. Get tickets before May 1 and save big! TribFest 2025 is presented by JPMorganChase.
