Texas Senate Bill 3 would ban consumable THC products

DALLAS - A bill moving through the Texas Senate would ban nearly all consumable products that contain THC, the psychoactive ingredient in marijuana.

The intent is to tighten regulations around products sold in convenience stores and vape shops.

Those who support Senate Bill 3 say Delta 8 and other products are basically legal THC being sold throughout the state, calling it a loophole in the Federal Farm Bill and Hemp Bill passed in Texas. 

Texas Senate Bill 3

What we know:

Monday, a Senate committee heard testimony on SB3.

The bill would ban all non-medical THC products, clearly targeting stores that sell what are considered to be illegal contraband.

State Sen. Charles Perry (R-Lubbock) wrote the bill.

"If they are really honest with you, most of them will tell you without the THC products, they can’t be profitable, and so the gig is up," he said.

SB 3 follows up on the Federal Farm Bill in 2018 and the Hemp Bill passed in Texas in 2019. Both bills opened the door for the growth of products like Delta 8.

"What happened is they took that and synthetically modified… there are multiple Delta components and exploited that where you've got extremely high THC content," said Perry. "It would put them back to the original intent of CBD."

Perry’s bill does exclude cannabis-infused products, so items that are CBD and CBG would not be banned. But the bill would raise the age to purchase CBD to 21. 

SB3 also calls for stiffer penalties. 

Possessing the products would be punishable by up to a year in jail and a fine of $4,000.

Manufacturing would carry a tougher punishment.

What they're saying:

Texas Agriculture Commissioner Sid Miller helped with the Hemp Bill in 2019. He says what’s happening now with the spread of THC was never the intent.

Miller is concerned that thousands of businesses now rely on selling products that would be banned. 

"I'm kind of torn between because we have never wanted recreational marijuana. And that's basically what this is," he said. "But now, you got 8,000 businesses, mostly mom and pops, that have put their life savings into opening these new businesses. And we might put them out of business."

Miller said under the current laws, the market is essentially unregulated, and customers don’t always know what they are getting. Some products also exceed the current allowable levels of THC.

The other side:

Many smoke shops argue a legal and regulated market for recreational products is the best way to ensure safety rather than an all-out ban.

Jake Garry is the CEO of Drops of Life CBD and the hemp producer, Fresh Grown Texas. He supports regulation but not an outright ban. 

"I speak on behalf of the growers, manufacturers and consumers," he said. "All SB3 will do is kill and industry that is thriving and take away jobs."

What's next:

The bill must still get through the Senate committee, the full Senate and the House before it heads to the governor’s desk.

There is a separate bill that would continue to protect the use of medical marijuana. The bill would also clarify the language in that law. 

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