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Gov. Abbott vetoes Texas THC ban, calls special session to regulate hemp

Abbott's veto leaves the state's multibillion-dollar hemp industry intact for now.
Paul DeBenedetto
/
KERA News
Abbott's veto leaves the state's multibillion-dollar hemp industry intact for now.

Gov. Greg Abbott vetoed a bill Sunday that would have banned Texas sales of virtually all hemp products containing THC, the psychoactive compound in cannabis. Abbott also called a special session of the state legislature to begin on July 21, in part to deal with problems posed by the lack of regulation for THC consumables.

Gov. Abbott waited until shortly before midnight on Sunday to veto Senate Bill 3 — less than an hour before his deadline to make a decision on the legislation. In his veto proclamation, Abbott cited a 2023 federal district court ruling that has blocked a similar law out of Arkansas from taking effect, on the grounds that the law ran counter to the 2018 federal farm bill, which legalized the sale of hemp and prohibited states from banning it.

“If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuses unaddressed,” Abbott said. “Texas cannot afford to wait.”

Abbott spelled out the likely path for a special session, including enacting regulations that would ban the sale of THC consumables to minors and making such sales punishable as a crime, require strict product safety testing, and prohibit the marketing of THC products in a fashion likely to appeal to children.

“Passing a law is not the same thing as actually solving a problem,” Abbott said. “Texas needs a bill that is enforceable and will make our communities safer today, rather than years from now.”

Lt. Gov. Dan Patrick, the lead advocate for the ban, quickly responded on X.com.

“Throughout the legislative session, [Gov. Abbott] remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas,” Patrick wrote. “His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned.”

Patrick added that he would have more to say in a Monday press conference.

Texas currently has no age restrictions for purchasing THC products. Patrick and others demanded the ban in large part because they alleged the industry was targeting minors.

Abbott’s veto leaves the state’s multibillion-dollar hemp industry intact for now. The Hemp Industry & Farmers of America issued its own statement applauding the governor’s action. The organization said its members stood ready to work with the governor in making sure no one under 21 has access to hemp-based consumables, that stores are kept a safe distance from schools and churches, and to enforce truth in labeling requirements so that products were not marketed to children.

“The hemp industry looks forward to a collaborative policy making effort that protects Texas communities while preserving the economic development and job creation that this industry brings to the state of Texas,” the statement said.

Andrew Schneider | Houston Public Media