The Texas House late Wednesday gave initial approval to a bill that would ban all products containing tetrahydrocannabinol, or THC, likely spelling the end for the state’s short-lived hemp industry.
Under the legislation, which is nearing the governor’s desk for approval, adults would face up to a year in jail for possessing hemp products with any amount of THC—a stricter penalty than what is on the books for possessing up to 2 ounces of marijuana.
The bill’s expected passage portends a minor earthquake for the state’s economy, effectively shuttering a field that, by one estimate, accounts for roughly 50,000 jobs and generates $8 billion in tax revenue annually.
THC products, now a ubiquitous presence at gas stations, convenience stores and thousands of other retailers across Texas, are now poised to be taken off the shelves. The about-face comes six years after the Legislature inadvertently touched off a massive boom in hemp-based products when lawmakers, intending to boost Texas agriculture, authorized the sale of consumable hemp.
Though that 2019 law does not allow products to contain more than trace amounts of delta-9 THC, it did not establish that same threshold for other hemp derivatives. Critics say the hemp industry has exploited that loophole to the tune of more than 8,000 retailers now selling THC-laced edibles, drinks, vapes and flower buds.
The vote ended months of suspense over how the House would handle competing calls to ban or regulate THC, the psychoactive element in marijuana.
This session, Lt. Gov. Dan Patrick (R), who oversees the Senate, has led the charge to eradicate the industry, which he accuses of preying on susceptible minors by setting up stores near schools and marketing products to children. The Senate passed legislation in March to ban all THC products, and the Republican leader threatened to force an overtime session of the Legislature if the House did not get on board.
“I’ve been here for 17 years at the Texas Capitol—10 years as your lieutenant governor. I’ve never been more passionate about anything,” Patrick said in a video posted on social media Monday evening. “I’m not gonna leave Austin until we get this done.”