Special legislative session likely to end with no answer on what to do with THC products

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AUSTIN (Nexstar) — The effort to either regulate or fully ban intoxicating hemp-derived products in Texas appears to have no path forward at this point, according to the chair of the Texas House Public Health Committee.

“We’ll eventually find our path, but we’re just not there at this point,” State Rep. Gary VanDeaver, R-New Boston, said in an interview. Put simply, the two chambers in the Texas Legislature are not in agreement on what to do with THC, the intoxicating compound in the hemp plant that gives its consumer a high.

The disagreement will likely lead to lawmakers leaving Austin with no action being taken on THC regulation, even though it is one of the original issues that sparked the need for a special session this summer.

“We want to try to not put anything forward that, you know, that that doesn’t have a shot at becoming law,” VanDeaver said when asked about the stall on THC legislation.

How did we get here?

The legislature passed Senate Bill 3 during the regular session, which was an outright ban on all consumable hemp products containing THC. It was one of the biggest priorities for Lt. Gov. Dan Patrick, who argued the products being sold in Texas were too potent, dangerous, and getting into the hands of kids. Law enforcement groups backed up those claims by Patrick and also called for an outright ban.

But Gov. Greg Abbott vetoed the bill after thousands of Texans signed petitions calling on him to overturn the legislation. Those Texans argued it would harm hemp farmers and take away a medical option for people who use the products to help with conditions like chronic pain.

Following the veto, Patrick held a news conference with media in the Capitol. “It sort of puzzles me why my friend Governor Abbott would at the last minute—22 minutes after 11—decide to veto this bill,” Patrick said in the news conference. “One can only come to this conclusion, which surprises me. The governor of the state of Texas wants to legalize recreational marijuana in Texas. That’s the headline folks.”

Abbott argued the bill would be tied up in courts if he let it pass, and called for a special session to solve the issue of THC. More than two months and almost two special sessions later, it appears the can that is THC will be kicked down the road further.

Regulation vs. outright ban

The first special session called by Abbott became a lot more than just about THC after deadly floods in Central Texas and a redistricting effort that led to state Democrats fleeing the state.

But the agenda did include regulation on hemp-derived products. “Legislation to comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning a lawful agricultural commodity,” according to the governor’s call.

But Patrick and the Texas Senate made it clear they were not in the business of regulation. Very quickly the body passed similar legislation to SB 3 that the governor had already vetoed.

The Senate then passed a full ban on THC, Senate Bill 6, for a third time in the second special session, which we are currently in. It was referred to the House Public Health committee on Aug. 20 and has yet to receive a hearing. Nexstar asked VanDeaver where THC legislation stood in the Capitol.

“We have worked really hard and had some really good conversations with the Senate and with the governor’s office, and trying to find that sweet spot to address the issues that you know can actually become law, and we just haven’t been able to get there,” VanDeaver explained.

VanDeaver said the members of the Texas House of Representatives are split on the polarizing issue. He added that even the members who want to regulate the products are split on what regulation would look like.

“It’s a very complicated issue,” VanDeaver said.

There are two weeks left in the second called special session, but Patrick did hint last week on the Senate floor that he hoped to end the session on Wednesday. Nothing has been confirmed. VanDeaver said he did not know if the governor would call a third special session to specifically address THC regulation.

Stuck in limbo

Even as consumable hemp products containing THC remain untouched for now, new laws are still impacting access to the intoxicating compound. On Sept. 1, a new law went into effect that bans all vapes containing cannabinoids like THC from being sold in Texas. The law also outlaws vapes made in China.

Hunter Nobles, the manager of Drip n Rip, a smoke shop chain in the Austin area, said the new law impacted roughly 20% of the products on his shelves. He said some of his customers were shocked to learn the THC vapes were not allowed to be sold anymore.

“Anger, you know, because a lot of people feel that they aren’t being represented,” Nobles explained.

His shop still sells edibles and other products for customers, but he is constantly keeping an eye on what the legislature does. “We want to meet demand for our customers, but you know, we’re also taking a risk, a pretty large risk, by keeping a lot of this stuff stocked,” he explained.

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