The Texas Senate has signed off on legislation, SB 5, that would impose a sweeping ban on most consumable hemp in the state, criminally outlawing products containing any detectable amount of THC as well as any other cannabinoid except CBD and CBG.
Senators voted 20-9 to approve the bill last week, according to Marijuana Moment, with a third reading vote to formally send the legislation to the House of Representatives happening soon.
Under the current SB 5 proposal, consumable hemp products containing any amount of THC would be illegal. Even mere possession would be punishable as a Class B misdemeanor, carrying up to 180 days in jail and a $2,000 fine. Only products with two specific cannabinoids—CBD and CBG—would be allowed under the Senate proposal.
Why Ban Hemp Products with THC?
According to a press release that the Texas Senate issued after the vote, the desire to ban THC stems from the legalization of industrial hemp, permitted by the 2018 federal farm bill.
“In 2019, Lubbock Senator Charles Perry carried a bill that would’ve permitted the cultivation of industrialized hemp – which by law cannot contain concentrations above 0.3 percent THC by weight – that he hoped would develop a robust hemp fiber industry in the state,” the release stated. “Instead, he said that an industry arose producing highly intoxicating hemp-derived consumables, one that was bringing in $8 billion per year across more than 8,000 vendors located in virtually every community in Texas.”
In response, both the House and Senate passed bills during the regular session that would ban the presence of THC in any hemp consumable. Abbott vetoed that bill, SB 3 by Perry, saying that he worried such legislation would get tied up in litigation for years, according to the release.
Instead, he laid out a possible regulatory framework that would still allow the sale of some THC-containing products to adults. That was a non-starter for Lt. Governor Dan Patrick, who saw the proposal as a path to make recreational marijuana essentially legal in Texas. “I will not sign a bill that legalizes marijuana in Texas,” he said at a June press conference the day after Abbott’s veto.
The bill awaits another final vote before shifting to the House and ultimately, the governor. The House has filed an identical bill to SB 5 but has yet to hold a hearing. If both chambers approve the ban, it’s then up to Abbott as to whether he wants to veto the bill again and call another special session on the issue or acquiesce to the will of the legislature.
