Texas could soon impose a blanket ban on ‘all forms of THC’ in a controversial and reactionary proposal issued last week by its lieutenant governor, Dan Patrick.
The new proposals, dubbed Senate Bill 3, were put forward by Patrick on December 04, alleging that ‘thousands of stores have opened to sell dangerous products with unlimited THC’, and that these stores ‘target your children’.
Stating that the bill is a top priority in the coming legislative session, which is due to reconvene on January 14, Senate Bill 3 is another piece of legislation using the proliferation of intoxicating hemp substances to justify a widespread repeal of access to hemp and cannabis.
A 2019 law, which was intended to boost Texas agriculture, allowed for the commercialization of hemp containing trace amounts of non-intoxicating delta-9 THC.
Specifically, the law permitted the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas, provided they stayed at or below the 0.3% delta-9 THC threshold.
This included products for consumable hemp, such as cannabidiol (CBD), as well as other edible parts of the hemp plant. However, Patrick contends that retailers have exploited loopholes in the law to market products with unsafe levels of THC, including to minors.
As seen in multiple other states, and with the upcoming federal farm bill, the blanket ban would do significant damage to Texas’s hemp industry.
It comes amid wider tensions between cannabis advocates and lawmakers within the state. Attorney General Ken Paxton has filed lawsuits against cities like Dallas that have attempted to decriminalize cannabis possession through local measures such as the Dallas Freedom Act.
The act, approved by 67% of Dallas voters, prohibits police from arresting individuals for possessing small amounts of cannabis and restricts its use as probable cause for searches. Paxton argues that these measures are unconstitutional and undermine state law.
The US Hemp Roundtable said of the bill: “Defeating this effort will be one of the top priorities of the US Hemp Roundtable – stay tuned, we will be calling on all Hemp Supporters for assistance.”
Elsewhere, companies are beginning to push back. A recent Fox 4 news story, claimed that a raid of a warehouse in Farmers Branch, Texas, uncovered a sophisticated operation involving ‘illegal’ THC and hallucinogenic mushrooms disguised as legal hemp products.
However, in a note sent to Business of Cannabis, alongside Certificates of Analysis for FVKD Products from Armstrong Labs which were featured in the photos, the company has accused the news site of ‘inaccurately portraying’ its products.
FVKD said: “FVKD products are legal hemp products. Each of FVKD’s products are tested by Armstrong Forensic Laboratory and meets the standards established by strict regulations. Many law enforcement agencies use Armstrong to test hemp products. FVKD chose to use the lab that was trusted by law enforcement. Armstrong maintains a reputation for being more strict than most accredited labs.”
“FOX4 has misled the public. It made an editorial decision to present FVKD’s products in an unfavorable light,” according to David Sergi, FVKD’s attorney. “We are confident that the FVKD products shown in the report are 100% compliant.”
