Texas Senate hears testimony from re-filed THC ban

AUSTIN (Nexstar) — Exactly one month after Gov. Greg Abbott vetoed a proposed hemp-derived THC ban, the Texas Senate is debating a new, nearly-identical ban.

In his veto proclamation, Abbott said that a full ban went too far and would likely be tied up in court, similar to Arkansas’ THC ban. But after Abbott’s proclamation, a judge ruled that Arkansas’ THC ban could go into effect, complicating the governor’s reasoning. Now, Republicans are hoping the door to a full ban could be re-opened.

The Senate Committee on State Affairs listened to hours of testimony from the public Tuesday on Senate Bill 5, filed by Sen. Charles Perry, R-Lubbock. The hearing included members of law enforcement who strongly advocated for a ban, and members of the community who say a ban would infringe on their rights as individuals.

Kaufman County District Attorney Erleigh Wiley spoke in favor of the bill. And while other law enforcement testified that the product was unsafe, Wiley cited the issue of testing products to determine if they contain legal amounts of THC — less than 0.3% — or a higher concentration, which would be illegal. That distinction means the difference between if someone is charged with a crime or let free.

“As you’re delaying prosecution because of the testing that’s going on, you might have someone that has a legal amount, and so that person is sitting in custody if they can’t make bonds,” Wiley said.

Wiley said she does not think regulation works, because the market of hemp-derived THC is already regulated. Existing law prohibits THC products from exceeding 0.3% THC, but there is currently no state-enforced age restriction, even as many retailers only sell the product to those 21 and older.

After Abbott’s initial veto, he, along with many colleagues, called for stricter regulation. But some Republican senators at Tuesday’s hearing did not appear to have an interest in entertaining the idea.

Zach Crow is a Houston attorney who represents companies with a stake in the Texas THC market. He disagreed with the notion that regulation has already been tried, saying that much more could be done to fund regulatory actions.

“If the problem is funding, why not slap an excise tax on the products, or why not increase licensing fees to actually be more than 100 bucks a pop, right? But they haven’t tried that because they don’t want to do that. This is about control,” Crow said.

Crow pointed to the fact that other states have legalized recreational marijuana use and have strict regulatory bodies to enforce the law. He said that current opposition to THC from legislators is contrary to the Texas Compassionate Use Program, which allows those with certain medical conditions to obtain marijuana as medication.

“We’ve acknowledged that federally illegal marijuana under the TCUP program is fine and it’s helping people,” Crow said. “Which one is it? It can’t be both. Either THC and cannabis are good things that can help people, or it’s evil.”

But among the testimony senators heard, many law enforcement officials and medical experts said that the product is too dangerous to have on the market, even regulated. They cited instances of people making deadly decisions after consuming the product.

It is unclear if SB 5 will ultimately pass the legislature. The fate of the bill could be indicated by statements from the governor on what he is willing to sign. But so far, he has not indicated exactly what he wants to see in a THC bill.