AUSTIN — Gummies, vapes, edibles and other consumables made with hemp-derived tetrahydrocannabinol — or THC, the psychoactive ingredient in marijuana — would face a total ban in Texas under legislation sent to Gov. Greg Abbott late Sunday.
The Texas Senate approved a House version of the ban on a vote of 25-6 during a weekend session of the legislature.
The last hope for the roughly 8,500 license-holders whose retail shops have sprung up around the state in the past five years is a veto from Abbott, which the Republican governor could do within 10 days of the legislation landing on his desk this week.
Abbott has not publicly indicated where he stands on the final version of Senate Bill 3, by Sen. Charles Perry, R-Lubbock, and the fight over whether to ban an industry that has created more than 50,000 jobs, according to committee testimony, or to instead shrink it and subject it to heavy regulations.
The governor also could choose to sign the bill or let it go into law without his signature. If he doesn’t veto it, the ban would go into effect in September, with stores given until January to reach full compliance.
SB 3 would criminalize the possession, sale and manufacture of the products sold in vape stores, coffee shops, convenience stores, and other venues.
The proposed ban regulates and carves out an exemption for nonintoxicating hemp products that don’t include THC, such as the popular cannabidiol (CBD), which has been approved by federal regulators to treat some conditions.
But it shuts down the popular THCA and delta-8 consumables that have turned into an $8 billion industry in Texas since they were legalized through a loophole in the 2019 Farm Bill that made low-THC hemp products legal as a way to help farmers.
Possession of the products would be a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. Manufacture, delivery or possession with intent to deliver would be a third-degree felony, punishable by between 2 and 10 years in prison and a fine of up to $10,000. First-time offenders face lower punishments and avoid jail time. For juveniles, the charges would be Class C misdemeanors in most cases.
Retailers would have until January to comply with the new law and regulations on the still-legal sale of the products containing cannabidiol (CBD) or cannabigerol (CBG), two nonintoxicating hemp derivatives.