Texas Governor Abbott Vetoes THC Ban, Granting Temporary Reprieve to Cannabis Shops

A last-minute decision by Texas Governor Greg Abbott has temporarily shielded cannabis shops across the state from a looming ban on consumable hemp products containing THC. In the final hour before his legislative deadline, Governor Abbott vetoed Senate Bill 3 (SB 3), a measure that sought to prohibit the sale of these products.

This eleventh-hour action has been met with relief and cautious optimism by thousands of retailers statewide who had faced the prospect of significant disruption to their businesses. The veto provides a crucial, albeit potentially temporary, reprieve, allowing these establishments to continue operations.

Immediate Impact on Retailers

The veto’s direct impact is felt by business owners like Todd Harris, who operates Happy Cactus, and Greg Autry, CEO of Sweet Sensi, located on Congress Avenue in Austin. For them and countless others, the veto means they can keep their doors open and their products on the shelves, preserving jobs and revenue streams that had been under threat.

Many shop owners had braced for the potential implementation of SB 3, which they argued would effectively dismantle a significant portion of the state’s burgeoning hemp-derived THC market. The products targeted by the bill are distinct from traditional marijuana, typically containing THC derived from legally cultivated hemp plants, aligning with federal guidelines established by the 2018 Farm Bill.

Draven Shean of THC Dispensary and Lounge characterized the veto as a successful outcome in a protracted legislative skirmish. “This is a battle won,” Shean reportedly stated, acknowledging the immediate relief felt throughout the industry. However, Shean also voiced an understanding shared by many in the sector: the fight is far from over, and further legislative challenges are anticipated.

The Road Ahead: Special Session Announced

Governor Abbott’s veto of SB 3 was not accompanied by a complete withdrawal from the issue of hemp-derived THC regulation. Following the veto, the Governor announced plans for a special legislative session, specifically scheduled for July 21st. The purpose of this session, as stated by the Governor, is to address and establish new regulations for hemp-derived THC products.

The announcement signals that while a direct ban has been averted for now, the state intends to implement stricter controls on these products. Discussions surrounding the potential regulations to be considered during the July 21st session include several key areas that could significantly alter the market landscape.

Among the potential regulations being discussed are the establishment of age restrictions for purchasers, with the age of 21 being a prominent consideration. This would align the sale of these products with age limits for alcohol and traditional tobacco.

Additionally, legislators are expected to consider limits on THC milligram content per serving or package, aiming to control the potency of available products. Requirements for child-proof packaging are also on the table, a measure intended to enhance public safety and prevent accidental ingestion by minors.

Further regulations being discussed include prohibitions on products designed to resemble popular candies or snacks. This potential rule targets packaging and product forms that critics argue appeal specifically to children, aiming to mitigate risks associated with accidental consumption.

Cautious Optimism and Anticipation

The industry’s reaction remains a mix of relief and uncertainty. While celebrating the immediate preservation of their businesses, shop owners and stakeholders are keenly aware that the special session poses the next legislative hurdle. The specific language and scope of the regulations ultimately enacted will determine the long-term viability and structure of the hemp-derived THC market in Texas.

The upcoming session on July 21st will be closely watched by businesses, consumers, and policymakers alike as Texas navigates the complex intersection of state regulation and the rapidly evolving landscape of cannabinoid products derived from hemp.