AUSTIN, Texas - The Texas Senate has passed a bill that would keep cannabis-derived products like Delta 8 and Delta 9 from store shelves.
Bill banning THC passes Texas Senate
The Senate passed the bill by a 24 to 7 vote on Wednesday afternoon after a lengthy debate.
The bill prohibits stores from selling any cannabinoid in Texas, except CBD and CBG.
What they're saying:
"Some of the hemp shops may go out of business, but they brought this on themselves," said State Sen. Charles Perry (R-Lubbock) shortly before the passage of the bill.
"If I put in 17 years, my top bills this would be in my top five," said Lt. Gov. Dan Patrick.
What's next:
The bill now goes to the House for approval.
Senate Bill 3
Senate Bill 3 would ban all non-medical THC products, clearly targeting stores that sell what are considered to be illegal contraband.
State Sen. Charles Perry (R-Lubbock) wrote the bill.
Perry joined Patrick at a news conference Wednesday ahead of the floor discussion.
What they're saying:
"The deception in this industry and what they have created and the lives they have ruined is unacceptable and unnecessary," Perry said.
Perry said banning Delta 8 and 9 products was different from the debate surrounding the legalization of medical marijuana.
"It is not that. It is not that animal," Perry said. "It is something that is synthetically made in a chemist laboratory with no recourse or care our conscience about the impact it has. So this is not part of yesterday. This is stuff that will change lives forever in a very negative way, and actually probably cause loss of life at the end of the day, because paranoid and schizophrenia are the attributes that are a common theme when you talk to these parents of these kids are in this stuff."
By the numbers:
On Wednesday, Perry said the industry was putting profits over people.
"I'll tell you, the taxes we collect do not cover the behavioral health issues," Perry said. "It's created an addiction that the state budgets of the day have to cover."
Patrick has suggested the industry earns around $8 billion annually.
That number falls in line with a 2023 report from Whitney Economics that suggests that $3.3 billion of that number comes from retail sales.
The Whitney Economics report states the industry employees more than 50,000 Texans and pays $1.6 billion in wages annually.
The fiscal analysis of the bill from the Legislative Budget Board says the state would lose around $13 million from the general fund next year. The bill would also cost cities $2 million, transit authorities are estimated to lose $730,000 and revenue losses for counties would amount to around $500,000.
The bill was placed on the intent calendar Tuesday.
Lt. Gov. Dan Patrick visits Texas smoke shops
Lt. Gov. Dan Patrick posted on social media platform X, formerly Twitter, Wednesday a video of him going to various stores that sell Delta 8 and Delta 9 products to promote Senate Bill 3, which would ban the sale of non-CBD products.
Patrick interviewed several workers at those businesses about the products they sell and about selling to children, which he says is a problem.
What they're saying:
"Over the last several years, over 8,000 smoke shops have opened up across Texas, selling all types of products to adults and kids, with Delta 8 and Delta 9, effectively legalizing marijuana through THC in Texas by taking advantage of loopholes in the law," Patrick said. "I visited several of these smoke shops to see what they're selling. All said they weren't selling to kids, but a lot of other people have a different opinion."
Patrick's video shows him inside several stores asking clerks about the products they sell and the potency of those products.
In one store, the clerk agrees with Patrick, that selling to children is a problem.
"The parents are worried, you know? I think it's a big problem, like, everywhere these days," the clerk said.
But the employees at the stores Patrick visited all said they didn't sell to people under the age of 21.
"Because you got to be 21 to enter the smoke shop, right? A lot of kids, they go to the gas station because you don't have to be like 21 to enter," the smoke shop employee said.
Patrick addressed the comments from the clerks during a news conference Wednesday.
"I'm sure there are some good actors. I'm sure there are a lot of bad actors," Patrick said. "And remember, people over 21 can go and buy it and give it to the kids."
Patrick was joined at the news conference by law enforcement officials and families who say their lives have been affected by the legalization of hemp products.
One of the stores Patrick visited, Austin-based Happy Cactus, said he was immediately asked for his identification when he came in the door.
The store said Patrick asked about gummies with more than 50mg per serving of hemp and was told the store did not sell those.
"We are proud of our team here at Happy Cactus. They handled the visit according to the best practices of Texas hemp retailers and with professionalism and respect," co-owner Todd Harris said. "We are proud to provide a legal product that helps many people in our community, including veterans and seniors."
The attorneys who represent Happy Cactus said Patrick asked if students from an area high school had been in the store.
"Lieutenant Governor Patrick came into Happy Cactus, our Client’s store, and saw that we do things correctly," Attorney David Sergi said. "He learned that we had sent a no-trespass letter to Crockett High School because we didn’t want their students in our store. He also learned that their students no longer attempt to come into our store. Happy Cactus does things right like most of our industry."
