Texas Senate Committee Debates Controversial THC Ban Proposal

A Texas Senate committee has begun discussions on what has become one of the most contentious legislative proposals this session – a sweeping ban on THC products across the state. Senate Bill 3 (SB 3), sponsored by State Senator Charles Perry (R-Lubbock), aims to eliminate a legal loophole that has allowed various THC products to be sold openly in stores throughout Texas in recent years, according to Fox7 Austin.

The proposed legislation comes as a direct response to the unexpected consequences of House Bill 1325, passed in 2019, which legalized hemp production and sales in Texas. As KVUE reports, that law inadvertently created an opening for businesses to sell products containing delta-8, delta-9, and other THC variants through a technicality, as long as they contained less than 0.3% THC on a dry weight basis.

This resulted in thousands of shops opening across Texas selling various THC-infused products, from gummies to vape cartridges.

The Legislative Details

Senate Bill 3 would effectively outlaw all consumable forms of THC from being sold in Texas. The comprehensive approach targets not just delta-9 THC (the primary psychoactive compound in cannabis), but also delta-8 and newer variations like THC-A that have appeared in the marketplace.

“High-potency synthetic THC products have flooded the marketplace,” stated Senator Perry during the committee hearing, as reported by Fox7 Austin, expressing concern about the proliferation of products that weren’t originally intended to be legal under the 2019 hemp law.

His bill makes key distinctions, however, allowing certain non-intoxicating cannabis compounds to remain available for adults. “CBD and CBG will be legal because it has virtually no THC,” Perry clarified during his testimony.

Law Enforcement Perspective

Police representatives provided testimony supporting the proposed ban, citing significant challenges with the current legal framework. “From the perspective of law enforcement, there is great confusion about what is legal and what is illegal,” explained Major Mark Melson during his testimony to the committee, according to Fox7 Austin.

Law enforcement officials pointed to troubling findings from recent investigations, including products with THC concentrations far exceeding what might be considered reasonable for therapeutic use. Steve Dye, Allen police chief, revealed during testimony that KVUE reported on: “Recent undercover operations in Allen found THC concentration in consumables that tested up to 78%.”

This potency level significantly surpasses what most states with legal cannabis programs permit for recreational products, raising safety concerns among officials.

Health Concerns Raised

Several healthcare professionals testified about the potential risks of unregulated THC products, particularly regarding accessibility to minors.

Dr. Matthew Rossheim from the University of North Texas Health Science Center pointed to alarming trends in emergency care, telling lawmakers, as Fox7 Austin reported: “We’ve seen sharp increases in emergency room visits for pediatric poisonings. States have tried to regulate their way out of this issue, and it’s been a massive failure.”

Houston pediatrician Dr. Lindy McGee, speaking on behalf of the Texas Medical Association, shared observations from her practice that reflect growing concerns among medical professionals. KVUE quoted her testimony: “I am seeing more and more teenagers in my practice who are using these products all day every day, and I don’t have a way to treat them. This is extremely hard to treat this THC addiction.”

This testimony aligned with statements from Nicole Holt, CEO of Texans for Safe and Drug Free Youth, who emphasized that “They’re really scary products on the street that kids can easily get their hands on,” according to Fox7 Austin.

Industry Opposition

Representatives from Texas hemp businesses pushed back forcefully against the proposed ban, arguing that it would devastate a thriving industry while failing to address underlying concerns about product safety.

Nicholas Grisham, co-owner of East Texas Hemp Company, urged lawmakers to consider alternative approaches, stating in testimony covered by Fox7 Austin: “Instead of ripping the carpet out from underneath a $10 billion revenue source, work with industry leaders like myself to put some common-sense regulations on the hemp industry.”

Other industry proponents warned about unintended consequences of prohibition. “This is like trying to kill a fly with a sledgehammer,” cautioned Cynthia Cabrera, chief strategy officer for Hometown Hero CBD, as reported by Fox7 Austin. “So if you’re worried about bad actors, and you’re worried about people who don’t test their products, and you’re worried about people who don’t comply with regulations, shutting down legal and compliant businesses just drives demand and supply underground.”

This perspective suggests that rather than improving public safety, a total ban might simply shift THC commerce to unregulated channels with even fewer protections for consumers.

Medical Considerations

The committee discussions highlighted the complex intersection of recreational and medical cannabis use in Texas. While SB 3 focuses primarily on retail THC products, the same committee simultaneously considered expansion of the state’s limited medical cannabis program, known as the Texas Compassionate Use Program (TCUP), which would provide the only exception to the proposed THC ban, according to Fox7 Austin.

Patient testimony provided some of the day’s most emotional moments, with several Texans sharing personal experiences about relying on THC products for serious medical conditions. Elizabeth Miller candidly admitted to the committee, in testimony KVUE reported: “I am only here because I engage in what is a felony every day. Because I consume cannabis vaporizing it, I can’t smoke. I need THC to control my seizures to control my pain.”

Stories like hers underscore the human impact of the proposed legislation and the challenge lawmakers face in balancing public health concerns with access for those with legitimate medical needs.

Next Steps in the Legislative Process

Following the extensive testimony, which lasted most of the day inside the Senate chamber, the committee will determine whether to advance SB 3. If the bill successfully passes committee, it will proceed to the full Senate for further consideration and potential amendments.

Fox7 Austin reports that Lieutenant Governor Dan Patrick has identified the THC crackdown as a legislative priority this session, suggesting the proposal has significant support among Senate leadership.

The outcome of this legislative effort will have far-reaching implications for Texas consumers, businesses, and patients who have come to rely on these products since the 2019 hemp law created the current marketplace.

KVUE noted that an earlier attempt to ban specifically delta-8 products failed in the 2021 legislative session, but the broader approach of SB 3 reflects renewed determination among some lawmakers to address what they view as an unintended consequence of the state’s hemp legalization.