After hours of debate, the Texas House approved Senate Bill 3 on Wednesday night, legislation that aims to effectively ban the sale of THC-infused products and shut down the growing number of shops selling them across the state.
The bill, as passed by the Senate earlier this session, was intended to prohibit THC product sales, shutter existing smoke shops, and prevent new ones from opening. Lt. Gov. Dan Patrick has been a vocal advocate for the legislation, calling the rapid expansion of more than 8,000 THC retailers across Texas a “backdoor marijuana legalization effort,” driven by legal loopholes.
By the time it reached the House floor, however, the legislation had been modified into a regulatory measure. That prompted Patrick to issue a video plea to House lawmakers on Monday night, urging them to restore the ban.
“If we leave Austin this session and we don’t ban these products for the next two or three years, we’re going to see lives destroyed. And for me, I’m not going to leave Austin until we get this done,” said Patrick.
State Rep. Tom Oliverson, a Houston-area anesthesiologist, filed a floor amendment to revert the bill to the Senate’s original language. The amendment had more than 50 coauthors when prefiled and was ultimately adopted in an 86-53 vote.
“I am proud to be laying out a floor substitute to SB 3, which restores the original intent of our state’s hemp laws and closes a dangerous loophole that has been exploited at the expense of public health and safety,” Oliverson told members. “Let’s be clear, no social good comes from the legalization of intoxicants.”
Oliverson pointed to a significant rise in poison control calls and hospital visits linked to synthetic THC, particularly among children, citing data from the Texas Poison Control Network, Cook Children’s Hospital, and UT Houston.
He emphasized that the 2019 law legalizing hemp in Texas was never meant to greenlight potent THC derivatives like Delta-8 and Delta-10, which have flooded the market in brightly colored packaging and high concentrations.
“These products being sold are not tested, not dosed consistently, and not supervised by a medical professional,” said Oliverson. “Even major beverage manufacturers have abandoned efforts to mass produce hemp drinks, recognizing that safe and uniform THC dosing and commercial products [are] nearly impossible.”
SB 3 passed the House on a 95-44 vote. It bans the sale of all consumable hemp products containing THC, including synthetic and semi-synthetic cannabinoids, while still allowing the sale of non-intoxicating CBD and CBG products and the continued cultivation of industrial hemp.
After one more vote today, the legislation heads back to the Senate for final approval of the House changes before being sent to the governor’s desk.
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