The Texas lieutenant governor said banning all forms of THC is one of his main legislative goals when the state legislature convenes next year. Lt. Gov. Dan Patrick said the state has lost patience with dodgy retailers who’ve used a loophole in federal law to put intoxicating substances made from legal industrial hemp on the market.
He said the Senate would move to put a blanket ban on consumable THC, as the Republican-controlled legislature takes aim at Texas’ booming market for illicit products, which have proliferated through thousands of hemp shops lawmakers authorized to sell hemp products in 2019.
That law, passed one year after hemp was legalized nationwide, was intended to boost Texas agriculture by permitting the commercialization of industrial and other products, including CBD, based on hemp containing trace amounts of non-intoxicating delta-9 THC.
Farm Bill abuse
But Patrick said the law has been abused by retailers through a loophole in the 2018 U.S. Farm Bill, which legalized hemp and all downstream products but failed to recognize that intoxicants other than delta-9 THC can be made from hemp in the lab.
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible,” Patrick said in a statement announcing his planned push for an intoxicating hemp ban.
“Since 2023, thousands of stores selling hazardous THC products have popped up in communities across the state, and many sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased from a drug dealer,” he said.
Texas has not legalized marijuana in any form for broad use. That has left producers of the illicit hemp intoxicants an open market.
Background and legal battles
Efforts to regulate intoxicating hemp products in Texas have been fraught with challenges. Critics of the products argue that a lack of testing, age restrictions, and clear regulations has created a public health risk. Consumable hemp products — ranging from gummies and vapes to beverages and creams — are required by law to contain no more than 0.3% THC. However, law enforcement reports reveal that some products sold in Texas far exceed this limit, with THC levels testing between 7% and 78% in some cases.
Industry stakeholders have fought legislative and regulatory restrictions with some success. In 2021, a proposed ban on such products failed in the legislature, and a 2022 court ruling overturned a Department of State Health Services (DSHS) effort to classify hemp-derived THC as a Schedule 1 controlled substance.
Stepped-up enforcement
Recent actions by law enforcement suggest an intensifying crackdown on intoxicating hemp products by the state while a law is awaited. In August 2024, the Allen Police Department, alongside the U.S. Drug Enforcement Administration, raided nine vape and CBD shops accused of selling products containing excessive THC levels. The raids followed warning letters issued months earlier and marked an escalation in state and federal efforts to curb illegal sales.
With over 7,700 licensed hemp product retailers in Texas, according to the DSHS, the scale of enforcement needed remains a significant hurdle. While authorities focus on curbing abuses, industry advocates argue that tighter regulation could damage the state’s economy and undermine the viability of legitimate hemp businesses.
Texas is not alone in grappling with the unintended consequences of the 2018 Farm Bill. Across the U.S., states are attempting to regulate a burgeoning market for intoxicating hemp derivatives, often marketed as “diet weed” or “marijuana light.” The products are typically created synthetically by processing hemp-derived CBD in a laboratory, yielding compounds like delta-8 THC, delta-10 THC, THC-O-acetate, and others.
Looking ahead
Despite their widespread availability in specialty hemp shops, convenience stores, and online marketplaces, the products remain largely unregulated. Critics argue that they pose health risks and exploit loopholes in federal and state laws, while proponents claim they offer a legal alternative to marijuana in states where full legalization has yet to occur.
As Texas lawmakers prepare to reconvene in January 2025, the debate over THC regulation is poised to intensify. Sen. Charles Perry, who authored Texas’ 2019 hemp bill, has been tasked with drafting the legislation to ban intoxicating THC products. Perry has expressed frustration with the industry’s exploitation of legal gaps, signaling a determined push to address the issue in the upcoming session.
For now, the future of the Texas hemp market hangs in the balance, with potential implications for consumers, businesses, and the broader agricultural sector. Whether the proposed legislation will balance public safety and economic interests remains to be seen.