Texas House committee changes THC-ban bill, allows for hemp beverages

AUSTIN (Nexstar) — The House committee on State Affairs unanimously approved a new version of Senate Bill 3 that is “substantially different” from the original proposal, which would ban all forms of consumable hemp containing THC, the main intoxicating chemical in marijuana.

Chair of the State Affairs committee, Ken King, R – Canadian, explained those differences while laying out his committee substitute this past week. Instead of a complete ban on THC products, King’s version would still allow the regulated sale of hemp beverages that contain below 0.3% of THC.

A summary of the changes also says the bill allows tinctures and “other consumable forms as long as they do not resemble a common snack marketed to children.”

“It allows for some hemp sales to be continued. It bans vapes. It bans vape shops. It bans all synthetics. Delta-9, the natural flower that’s grown and sold in Texas, would remain,” King said.

The Texas Alcoholic Beverage Commission is responsible for determining the applications to obtain a license for the sale, testing, distribution, and manufacturing of consumable hemp. It also creates a fee structure for those different licenses. Retailers would not be allowed to be mobile, according to the bill.

A customer must be 21 to purchase a hemp beverage, and the bill prohibits any sales from being made within 1,000 feet of a school, playground, day-care, homeless shelter, or church.

If the bill is passed, it would not guarantee these products will be sold everywhere in Texas. Counties will have the option to “opt out” of this bill by voting to become a dry county for consumable hemp.

The bill would also require testing labs to be licensed with the Department of State Health Services and require testing for the concentration of cannabinoids and the presence of pesticides, harmful pathogens, and heavy metals.

Lt. Gov. Dan Patrick has called for the ban of all THC, saying the products being sold in Texas are unregulated and a risk to children. In a video posted in March, Patrick said, “The Texas Senate, and I believe the Texas House, will join us in banning Delta 8 and Delta 9, and closing down these stores.”

The Senate’s version of the bill would allow the sale of hemp consumables that only contain cannabidiol (CBD) or cannabigerol (CBG).

If the bill passes out of the House, it could set up a showdown in a conference committee on the future of THC in Texas.