Introduction to the THC Debate
AUSTIN __ Lt. Gov. Dan Patrick lashed out Friday at Gov. Greg Abbott’s executive order regulating the retailers of low-dose THC products, saying the Republican governor’s actions earlier this week “legitimized” a shady industry and will do nothing to rein in a market Patrick insists should never have been legal in the first place. A plan to either ban or regulate the gummies, drinks, and snacks that contain tetrahydrocannabinol, the psychoactive compound in cannabis, fell through for the third time this year in late August when Republican state leaders couldn’t agree on limits for how strong or intoxicating the products in retail stores and coffee shops could be.
Background on the Issue
“The Governor’s executive order, intentionally or not, has sent a signal to the THC industry that they have a state seal of approval on the current THC market,” Patrick said in a statement. “The governor has stated he does not want to legalize marijuana in Texas, but testimony from law enforcement and others say that is exactly what will happen.” Abbott responded that lawmakers had “a lot of opportunities” and “a lot of ideas on the table” but that their inaction had forced his hand.
Political Points and Reactions
Get the latest politics news from North Texas and beyond. By signing up, you agree to our Terms of Service and Privacy Policy. “I put a lot of ideas on the table to make sure that we took action by both the House and the Senate to deny these products to our kids,” Abbott said at a news conference in McKinney on Friday. “That was not passed and gotten to my desk. And so I wanted to make sure that I wasn’t going to let a day go by without doing something about that.” Patrick has stood firm that a ban is the only solution to the burgeoning unregulated market, which has grown to around 8,000 retailers in the years since consumable hemp was legalized in 2019.
Industry Reaction and Celebration
Abbott’s order, which established age limits and directed state regulators to look into a more solid oversight framework, sent a wave of celebration through the industry – which has fought with the Republican lieutenant governor for survival throughout his effort to kick the industry out of the state. “This is huge for our industry, coming from a full out ban and making it to this executive order completely legitimizes our industry and shows that we are here to stay!” Lukas Gilkey, owner of Hometown Hero, posted on social media.
Negotiations and Breakdown
Negotiations between Abbott, Patrick, and House Speaker Dustin Burrows in the final days of a second special legislative session in August broke down not over the policies that would have restricted and shrunk the market, but over the doses available to people, Patrick said. “During the last special session, the Governor, Speaker, and I spent hours trying to find a consensus on THC. We could not come to an agreement on a safe THC concentration, serving size, or amount that would not lead to intoxication and abuse,” Patrick said Friday. “Though we tried to find common ground on a law to protect the public, the legislature simply could not vote for the unknown on those three critical issues.”
Current State of Regulation
As a result, no regulations or ban went into effect, although lawmakers did manage to outlaw THC-infused disposable vapes, a law that went into effect on Sept. 1. Abbott on Wednesday issued an executive order limiting the sale of gummies, drinks, snacks, and smokeable flowers infused with hemp-derived tetrahydrocannabinol, the psychoactive compound in cannabis, to adults age 21 and older while state alcohol regulators study how to further regulate the burgeoning industry. The products could also be subjected to testing, location, and packaging restrictions if agencies such as the Texas Alcoholic Beverage Commission and state health officials can come up with a way to do it after lawmakers failed to pass any new laws about the products this year, the order says.
History of Hemp Legalization
Consumables containing THC have been legal since a 2019 law legalized hemp farming, but because lawmakers didn’t anticipate the proliferation of intoxicating products, they have gone unregulated as the number of retailers has skyrocketed. Lawmakers have been trying to put the genie back in the bottle for years, with Patrick pushing a total ban through the Texas Senate three times – once winning House approval and getting it to Abbott’s desk.
Arguments Against the Industry
“The Texas Legislature never voted to legalize recreational marijuana or the intoxicating THC products now sold … across the state,” Patrick said Friday, repeating his long-standing argument against the industry. “Recreational marijuana is still illegal in Texas. However, because an unscrupulous industry has exploited a loophole in the hemp law, they are now selling highly potent and dangerous THC products to our kids and all Texans alike.” Abbott vetoed the ban in June.
Executive Order Details
In his Wednesday order, Abbott said the federal law did not allow states to ban hemp products and that adults should be free to enjoy the psychoactive hemp products with the same freedom they imbibe alcohol and consume tobacco. Patrick said that flies in the face arguments from people who want to keep hemp on the market for its medicinal value. “The governor mentions in his executive order that he wants people 21 and over to ‘enjoy’ THC. For most people who buy these products, ‘enjoy’ means getting high,” Patrick said Friday. “If they are not getting high, why are they buying any THC product?”
Proposed Regulations
The House floated a bill that would have limited the products to those made with Texas-grown hemp, banned synthetics altogether, restricted the types of stores that could have sold them – cutting out gas stations, convenience stores, and smoke shops, for example – and required them to be far from schools, among other limits. Patrick rejected it, right up until the negotiations in late August when it became clear a ban wouldn’t happen, he said Friday. Hours of talks with Burrows and Abbott led them to agreements on the above issues, as well as a ban on smokeable flowers and oils.
Future of THC Regulation
He expressed dismay that the executive order spelled out only the age restrictions, although the Texas Alcoholic Beverage Commission and the Texas Department of State Health Services are charged with looking into more regulation they could legally do without a new law. Abbott said his order would allow those agencies to “begin creating a structure to regulate the marketplace for this, trying to do as much as possible to get dangerous products off of the market, while at the same time not going beyond the bounds of the legal authority that would exist by a regulatory agency.” That could include strict limits on THCA, which is often sold as smokeable flowers harvested from young hemp plants and which doesn’t register psychoactive levels of THC until it gets burned – as it does when it’s smoked.
Conclusion
Abbott said the goal is not to ban the product but to reduce its reach and increase its oversight through agency rulemaking until lawmakers can meet again for their 2027 and address the issue further if needed. “Some of this can and should be done by the Legislature,” he said. The debate over THC regulation in Texas is complex and multifaceted, with different stakeholders holding different views on how to proceed. As the situation continues to evolve, it is likely that we will see further developments in the coming months and years.
FAQs
Q: What is the current state of THC regulation in Texas?
A: The sale of THC products is currently regulated by an executive order issued by Governor Abbott, which limits the sale of these products to adults age 21 and older.
Q: What is the difference between THC and THCA?
A: THC (tetrahydrocannabinol) is the psychoactive compound in cannabis, while THCA (tetrahydrocannabinolic acid) is a non-psychoactive compound that is found in young hemp plants and does not register psychoactive levels of THC until it is burned.
Q: Why did Governor Abbott issue an executive order on THC regulation?
A: Governor Abbott issued the executive order because lawmakers were unable to come to an agreement on how to regulate THC products, and he wanted to take action to protect the public.
Q: What is the position of Lt. Gov. Dan Patrick on THC regulation?
A: Lt. Gov. Dan Patrick has consistently argued that a ban is the only solution to the burgeoning unregulated market, and has expressed disappointment with Governor Abbott’s executive order.
Q: What is the next step in the regulation of THC products in Texas?
A: The Texas Alcoholic Beverage Commission and the Texas Department of State Health Services will study how to further regulate the industry, and may impose additional restrictions such as testing, location, and packaging requirements.
