AUSTIN — Greg Abbott said Wednesday that he hasn’t made up his mind on whether to sign or veto legislation that would ban hemp-derived tetrahydrocannabinol — or THC, the psychoactive ingredient in marijuana.
“I haven’t tackled this one yet,” Abbott said during a conversation with reporters in his office. “I’m going to give it the thoughtful consideration from every angle that it deserves.”
Last month, Texas lawmakers ed legislation that would ban gummies, vapes, edibles and other consumables made with hemp-derived THC.
The ban would impact roughly 8,500 license-holders whose retail shops have popped up across Texas in the past five years. According to legislative committee testimony, the industry has created more than 50,000 jobs.
Still, the industry has run afoul with leaders like Lt. Gov. Dan Patrick, who contends loopholes that allowed the industry to flourish have led to the possibility of children and adults getting high off such products and harming themselves or others.
“There are people on both sides of the issue that have concerns, and those concerns need to be looked at,” Abbott said. “This is a time when I will once again put on my judicial hat and weigh arguments from both sides and figure out a pathway forward.”
If Abbott vetoes the legislation, it would give a reprieve to the industry and relief to Texans who use the product, including those who consume the products for their health benefits.
Patrick has said he “trusts” Abbott to do the right thing when asked about the possibility of the governor vetoing the legislation.
When asked whether he’s talked to Patrick about the ban, Abbott replied, “Not a lot.”
“He and I worked very well together, and I would say that we’ve worked better together this session than any other session that we work together,” Abbott said. “I think that process will continue, but what he does know is the way that I thoughtfully approached issues, and I’ve put in the time that’s going to be needed to address it appropriately.”
The legislation would criminalize the possession, sale and manufacture of the products sold in vape stores, coffee shops, convenience stores and other venues. It allows an exemption for nonintoxicating hemp products that don’t include THC, including cannabidiol (CBD), which has been approved by federal regulators to treat some conditions.
It bans THCA and delta-8 consumables, which 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 two and 10 years in prison and a fine of up to $10,000. First-time offenders would face lower punishments and avoid jail time. For juveniles, the charges would be Class C misdemeanors in most cases.