(The Center Square) – The Texas Senate on Wednesday passed for a second time a ban on THC.
In the regular legislative session, the Senate passed SB 3, filed by state Sen. Charles Perry, R-Lubbock, with bipartisan support in both chambers. Gov. Greg Abbott then vetoed it in the last hour of the last day allowed by the Texas Constitution after the legislature adjourned and couldn’t convene to override it.
Next, Abbott proposed legalizing THC for adults over age 21, making it a legislative priority for the special session, which began July 21. However, the Texas Legislature, led by Republicans, oppose Abbott’s proposal and oppose legalizing THC and marijuana.
The Texas Senate next passed Perry’s second THC ban, SB 5, out of committee with bipartisan support last week. The full Senate passed it on Wednesday by a vote of 21-8.
The Texas House is also not backing down on a THC ban. An identical bill to Perry’s was filed by state Rep. Gary VanDeaver, R-New Boston, HB 5.
In response to the Senate again passing the THC ban, Lt. Gov. Dan Patrick said, “Since 2019, bad actors have taken advantage of a loophole in Texas agriculture law to sell potent, intoxicating forms of THC that have nothing to do with agriculture. These shops have rapidly spread throughout Texas, endangering the health and safety of children and families across our state, with no accountability. These products, often containing dangerous levels of THC, are marketed directly towards young people with colorful packaging and images, making THC look like candy or sweets.”
Patrick has made a THC ban his mission this year, holding multiple press conferences and posting videos on social media about why a ban is important.
A THC ban remains a legislative priority, he said on Wednesday, “because we refuse to let these rogue retailers exploit loopholes in state law to sell dangerous THC products into our communities.”
The bill has the support of every law enforcement agency in Texas, the Texas Medical Association, Texas Pediatric Society, and many families impacted by THC. Law enforcement officers oppose regulating it, arguing regulation won’t work. Current regulation related to hemp farming has already been abused and unenforced, witnesses testified, pointing out that an official list of hemp growers includes smoke shops, extract labs and closed businesses.
Abbott is standing in opposition to law enforcement and Texas families, and is paving the way to legalize marijuana, Patrick argues. Abbott has proposed regulating THC like alcohol.
Marijuana and THC products are considered Schedule 1 controlled substances by the U.S. Drug Enforcement Agency, which “considers them to have a high likelihood of being abused and no current medical use, despite marijuana being legal in some cities and states, including for medical purposes,” WebMD explains.
In Texas, marijuana for recreational use is illegal; CBD oil, an extract of the marijuana plant, is legal for medical use. In 2015, the state legislature passed the Compassionate-Use Act, authorizing qualified physicians to prescribe low-THC cannabis (less than one percent) to patients with certain conditions. It initially only applied to patients with intractable epilepsy but was later expanded to include those diagnosed with a seizure disorder, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, post-traumatic stress disorder and an incurable neurodegenerative disease, the State Law Library explains.
SB 5 allows Cannabidiol (CBD) or CBG, whole hemp seeds, hemp seed protein powder and hemp seed oil to continue being sold in Texas. Their sale is “currently legal today through the FDA,” Perry said at a hearing last week. However, “It is with almost 99% assuredly most of the [THC] products that are being sold off these retail shelves today through these hemp stores and other venues is illegal federally. We have court cases building by the week that support that.”
SB 5 bans the production, sale, and possession of consumable marijuana products that contain any cannabinoids other than CBD or CBG, including banning substances marketed as delta-8, delta-9, delta-10, THCA, and THC-O. Violators face criminal penalties ranging from a Class C misdemeanor for possession to a third-degree felony for manufacturing or distribution of THC.
Opponents of the ban say it will wipe out small businesses, tens of thousands of jobs and negatively impact veterans, seniors, cancer survivors and others experiencing chronic pain who use THC, The Center Square reported.
Patrick says they can legally purchase THC with a prescription from their doctor. The legislature also passed HB 46 to expand the Texas Compassionate Use Program, “the largest compassionate use program in America” to ensure they had access, he said.
The Texas House is expected to again pass the THC ban, setting up another showdown between the Republican-led legislature and Republican governor.
The article presents a largely factual and straightforward report on the Texas Senate’s legislative actions regarding a THC ban, detailing the positions of Republican lawmakers, the governor, and other stakeholders. While the content predominantly reflects the viewpoints and legislative priorities of conservative Republicans opposing THC legalization, it reports these without overt editorializing or strong emotive language favoring one side. The framing highlights Republican concerns about public health and law enforcement backing, as well as opposition arguments about economic and medical impacts. Overall, the article leans moderately toward conservative perspectives through its focus but maintains a largely neutral tone in presenting the facts and differing opinions.