A measure seeking to ban all consumable THC products in Texas was brought forward for testimony by members of the Senate Committee on State Affairs on Monday.
Senate Bill 3, filed by State Sen. Charles Perry (R-Lubbock), would follow through on a top priority by Lt. Gov. Dan Patrick to eliminate loopholes allowing the psychoactive chemical compound found in cannabis to be sold.
The measure also contains numerous fines and misdemeanors for violators.
Current state law relating to hemp production established in 2019 permits the growing of hemp containing up to 0.3 percent delta-8 and delta-9 tetrahydrocannabinol, better known as THC.
According to the U.S. Food and Drug Administration, both delta-8 and delta-9 THC have “psychoactive and intoxicating effects.” In addition, “Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk.”
“The only consumable hemp product that will remain legal under this bill are products that only contain CBD [cannabidiol] and CBG [cannabigerol],” said Perry.
“Additionally, any product that remains legal under this bill will have to be properly labeled and placed in child-resistant packaging, as well as registered with DSHS [the Texas Department of State Health Services],” he added.
Perry also produced a committee substitute to the measure that defines a minor as being under 21, adds a $10,000 annual manufacturer licensing fee and a $20,000 annual retailer fee, and makes other clarifications.
State Sen. Brian Birdwell (R-Granbury) asked Perry about a provision of his committee substitute that establishes the age of consumption of CBD and CBG products to be 21 rather than 18.
“The bill’s not intended to solve that question today, but in being consistent with some of the delivery metrics that have been employed in some of these products, i.e. smokables, being consistent in some of the medical research behind that … I think that’s just kind of a logical connection,” replied Perry.
State Sen. Judith Zaffirini (D-Laredo) asked Perry if he was willing to sit down with the hemp industry and discuss if they would be willing to make changes. He obliged but said he could not commit to changing the measure.
“The reason we’re here is because an industry … exploited this particular issue to the point that it has endangered public health,” said Perry.
Dr. Timothy Stevenson, deputy commissioner for consumer protection at DSHS, told committee members that his group was responsible for licensing hemp manufacturers and retail shops.
“There are currently 744 licensed manufacturers and 5,043 retail registrants with over 8,300 locations in the state,” Stevenson said of the hemp industry.
Steve Dye, chief of the Allen Police Department and a representative for the Texas Police Chiefs Association, said he supported SB 3 due to the “illegal and open sale of consumable hemp THC products” across the state.
“Consumable THC products currently being sold in retail stores throughout the state are more potent than ever,” said Dye. “In fact, recent undercover operations in Allen found THC concentration in consumables up to 78 percent.”
Justin Arsenault, a police sergeant in Allen, said he has worked under the direction of Dye to go after retailers that were selling consumable THC products to underage school children in the city.
Perry and Dye discussed the funding and logistics of the state collaborating with local law enforcement to potentially enforce SB 3. Perry highlighted provisions of the measure that would specifically assist local efforts.
“The vast majority of these retailers, in our opinion, will not be able to stay in business if they are only selling legal products,” said Dye.
Members of the committee also heard a slate of public testimony, mostly from those who oppose SB 3, who claimed THC has benefited them in getting through various medical conditions.
Among the medical issues individuals cited as being alleviated by THC include various cancers, epilepsy, and other neurological conditions.
Perry was previously responsible for helping organize the initial Texas industrial hemp market in 2019. Just a year prior, federal lawmakers had legalized hemp in the Agriculture Improvement Act of 2018.
Still, federal authorities classify actual marijuana as a Schedule I drug, meaning that it has been determined to have a high abuse risk and is not safe for medical or recreational use.
The measure was left pending in committee and is likely to be taken up at a later date.
