Texas Legislature

Total ban or strict rules: Texas lawmakers debate future of THC

Two competing versions set up an intense debate as lawmakers have one month to pass bills

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Texas lawmakers are one step closer to banning some THC products across the state. The main question now is: how far will they go?

Competing versions in the House and Senate are on a collision course, the outcome may send state lawmakers into overtime with a special session. The Senate wants a complete ban on all THC products. The House wants to regulate the product similarly to alcohol. They must come to an agreement before the legislative session ends in early June.

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Late Wednesday night, the Committee on State Affairs in the Texas House passed its version, still allowing THC drinks and edibles. Earlier in the month, the chair of the committee laid out his vision for the bill.

“Creating a tax and fee structure similar to that for alcohol," said Rep. Ken King, R-Canadian.

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The lower chamber's version allows county-by-county voters to decide whether to become a THC "dry" county. They also require customers to be 21 and ban sales near schools. Even these rules sparked pushback from some veterans and store owners, part of the $8 billion industry.

"You’re literally putting poison on the shelf, alcohol. And you’re going to put the benefits of the hemp plant right next to it, and you’re going to let only liquor stores sell it," said Stephen Gurka III, a THC store owner near College Station during the April committee hearing.

More than 8,000 THC and CBD stores have popped up across Texas since lawmakers passed a 2019 law meant to allow farmers to grow hemp. Since then, police chiefs have called on state lawmakers to crack down because of their difficulty in determining what products are legal hemp and illegal THC.

"THC consumables are being infused to normal-looking foods with package and surgery flavors often targeting our youth consumers," said Steve Dye, the Allen Police Chief, at the April committee hearing.

The House committee changes set up a showdown with the Senate and its leader, Lt. Governor Dan Patrick, who's called it a "poison in our public."

Patrick's Senate has already passed a complete ban on the product.

"There are lots of issues that we discuss between the Senate and the House. Sometimes you have policy differences, and you work these differences out. This is not one of those bills. This is a bill that we have to ban THC and shut all of these stores down," said Patrick at a press conference laying out his case earlier in the session.

Governor Abbott is the only person who can officially call a special session, but Lt. Governor Patrick, as leader of the Senate, can force one by holding must-pass bills hostage. He's continued to hint that it is an option on the table for this THC ban proposal.

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