Photo: Esteban López / Unsplash
On Sunday, with less than an hour before deadline, Texas Governor Greg Abbott vetoed a bill that would outlaw THC products in the state of Texas.
The bill (Senate Bill 3) concerns the “regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products.” If passed, the bill would create criminal offenses, require occupational licenses and permits, impose fees, create criminal offenses, and authorize an administrative penalty for those in violation
Prior to the introduction of this bill, Texas had in place strict cannabis laws with a limited medical program and a complete outlawing of recreational use. During his first term, President Trump signed the 2019 Farm Bill that made legal the use of hemp inasmuch as it contains less than 0.3 percent of THC. The Texas governor would prefer the state to comply with this federal law, while providing solutions for the legislature to more strongly regulate THC in the bill, rather than outlawing it totally.
In the proclamation for his veto, Governor Abbott provided several reasons behind his decision:
“As passed, (SB3) would prohibit anyone from manufacturing, distributing, or possessing consumable hemp products that contain ‘any amount of a cannabinoid other than’ CBD or CBG-regardless of whether those products fall under the federally-mandated THC threshold,” Abbott wrote.
He concluded that the bill as is would put the state at conflict with the federal government concerning hemp products legalized through the 2019 Farm Bill.
“[SB3] therefore criminalizes what Congress expressly legalized and puts federal and state law on a collision course: Today, federal law promises Texas farmers that they may grow hemp without fear of criminal liability…What’s a Texas farmer to do? Trust the federal government’s promise, or fear criminal liability from the State?” the governor asked.
“Senate Bill 3 not only invites potential criminal entrapment for Texas farmers. It would also make felons of other innocent Texans, like pharmacists stocking health supplements, veterans treating PTSD, and parents caring for epileptic children with FDA-approved medications. Possessing ‘any amount.'”
Certain lawsuits likely to arise from the bill’s signing were also a factor in Abbott’s veto
The governor provided a lengthy list of possible THC regulatory measures that can be used by the Texas Legislature in its redrafting of the bill. These include criminalizing the sale of such products to minors, limiting sale hours, and imposing a “surgeon general style” warning on them, among several other measures.
Lieutenant Governor Dan Patrick, head of the Texas Senate, is a firm advocate of the bill. He expressed his disappointment with Abbott’s veto on X:
