Texas Governor Abbott Vetoes THC Ban, Calls for More Regulation of Market

Texas Governor Greg Abbott on Sunday vetoed a statewide ban on products containing THC and called for a special legislative session to work out regulatory guidelines for these products, the Texas Tribune reported.

The ban was part of Senate Bill 3, which would have banned all products containing THC except those permitted under the state’s Compassionate Use law. Texas Lieutenant Governor Dan Patrick had previously stated that the bill was one of his main priorities for the current state legislative session and one of the five most important bills he has worked on in his 17 years in the Legislature. 

In May, the Texas House of Representatives voted 87-54 in favor of SB-3, which was passed by the State Senate in March by a 24-7 vote. It was then sent to the Governor’s desk.

In his veto declaration, Abbott said that SB 3 would be vulnerable to legal challenges and put state law “on a collision course with federal law.”

“At worst, Senate Bill 3 would be permanently invalidated by the courts; at best, its implementation would be delayed for years as the case winds its way through the legal system. We can do better.”

“Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure, and can take effect without delay,” Abbott said.

He added that “the current market is dangerously under-regulated, and children are paying the price. If Senate Bill 3 is swiftly enjoined by a court, our children will be no safer than if no law was passed, and the problems will only grow.”

The Governor called lawmakers to return for a special session on July 21, which will have at the top of its agenda the state’s intoxicating hemp products market and how to regulate it. He has proposed strict regulations similar to those on alcohol. 

“The Governor Wants to Legalize”

Lt. Gov Patrick reacted to the veto with a harsh rebuke of Abbott, saying, “The governor of the State of Texas wants to legalize recreational marijuana in Texas. That’s the headline, folks.”

Patrick added, “it puzzles me why my friend Greg Abbott, at the last minute, about 22 minutes after 11, decided to veto this bill.” 

At a press conference in March, Patrick said of intoxicating hemp products, “this is a poison in our public, and we as a Legislature – our number 1 responsibility is life and death issues.”

"We're going to ban your stores before we leave here, for good,” Patrick said. 

Widespread Opposition to SB 3

The Texas Hemp Business Council circulated an online petition during the legislative session that garnered more than 150,000 signatures, while a stream of protestors gathered outside the capital and lined up inside to give testimony about SB 3 in April. 

After the veto, the council said Abbott reinforced “Texas' reputation as a leader in business innovation and practical policymaking. By choosing balance over overreach, Governor Abbott protected a vibrant, federally legal hemp industry that employs 53,000 Texans and generates over $4.3 billion in annual sales."

Two months earlier, Texas Agriculture Commissioner Sid Miller wrote an op-ed in which he called on the state to expand its medical marijuana and ban intoxicating hemp products.

Miller said that the unregulated hemp products being sold are potentially dangerous and that “even if the legislature voted to legalize recreational marijuana tomorrow, that legislation would create a legal market with rules, guardrails, checks, and balances. What we have now is the Wild West.”

The Majority of Texans Support Cannabis Legalization

A poll conducted by the University of Houston Hobby School of Public Affairs in February found that a clear majority of Texans support the legalization of recreational cannabis. 

According to the study, 62% of Texans - including 71% of Democrats and 53% of Republicans - support legislation "that would legalize the sale and use of marijuana for recreational purposes in Texas by those 21 and older.”

The study, which surveyed 1,200 adults across the state, also found that 79% of Texans, including 86% of Democrats and 75% of Republicans, support legalizing the sale and use of marijuana “for a wide range of medical purposes with a doctor’s prescription.”  

A combined 69% of Texans support decriminalizing the possession of marijuana for personal use. 

Texas currently does not have a legal recreational cannabis market and has a very restrictive medical marijuana program.