Texas Governor Tells Lawmakers To Regulate Hemp THC Products Like Alcohol After Vetoing Bill To Ban Most Consumable Cannabinoids

The governor of Texas says that, rather than outright ban consumable hemp products, lawmakers should establish a regulatory framework that treats cannabinoids “similar to the way alcohol is regulated.”

After vetoing a controversial bill on Sunday that would have effectively eliminated the state’s hemp market, Gov. Greg Abbott (R) proposed an extensive list of policy changes that he says he would support—and which the legislature will have the chance to enact during a special session the governor is convening next month.

“Texans on each side of the Senate Bill 3 debate raise serious concerns. But one thing is clear—to ensure the highest level of safety for minors, as well as for adults, who obtain a product more dangerous than what they expected, Texas must strongly regulate hemp, and it must do so immediately,” Abbott said.

Part of the rationale behind his veto was the risk of litigation over “valid constitutional challenges” that he suggested would hold up in court. And to that end, multiple top Texas hemp companies did file a preemptive lawsuit challenging the legislation, SB 3, before the governor’s veto.

“If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuses unaddressed,” Abbott said in his veto message. “Texas cannot afford to wait.”

“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,” he said. “We can do better.”

Rather than face the possibility of having the law enjoined, or indefinitely delayed, the governor said the state “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.”

“Legislators could consider a structure similar to the way alcohol is regulated, with strict enforcement by an agency like the Texas Alcoholic Beverage Commission,” he said, adding a list of recommended policies he wants to see lawmakers adopt that include age restrictions, zoning requirements and bans on public consumption.

Here’s the full list of the governor’s recommended hemp regulations:

• Selling or providing a THC product to a minor must be punishable as a crime.
• Sales must be prohibited near schools, churches, parks, playgrounds, and other areas frequented by children.
• Packaging must be child-resistant, tamper-evident, and resealable;
• Products must not be made, packaged, or marketed in a manner attractive to children.
• Any store selling these products must have a permit and restrict access to anyone under the age of 21, with strict penalties for any retailer that fails to comply.
• Products containing THC may not contain other psychoactive substances (e.g., alcohol, tobacco, kratom).
• Testing must be required at every phase of production and manufacturing, including for both plants and derivative consumable products.
• Manufacturing and processing facilities must be subject to permitting and food safety rules.
• Permit and registration fees must suffice to support robust enforcement and testing by the Texas Alcoholic Beverage Commission, in partnership with other state agencies.
• An operator’s permit and warning/danger signs must be posted at any store selling these products.
• Sales must be limited to the hours between 10:00 a.m. and 9:00 p.m., and prohibited on Sundays.
• The amount of THC permissible in each product must be restricted and an individual may make only a limited number of purchases in a given period of time.
• Labels must include a surgeon general-style warning, a clear disclosure of all ingredients, including the THC content, and a scannable barcode or QR code linking to test results.
• Fraudulently creating or displaying manifests or lab results must be punishable as felony offenses.
• Public consumption, consumption on the premises of any store that sells these products, and possession of an open container in a vehicle must be punishable as crimes.
• The Attorney General, district attorneys, and county attorneys must have authority to pursue violations under the Deceptive Trade Practices Act.
• Local governments must have the option to prohibit or limit stores selling these products.
• Excise taxes must be assessed on these products to fund oversight and enforcement.
• Additional funding must be provided to ensure law enforcement have sufficient resources to vigorously enforce restrictions.

“This list, of course, is not exhaustive. But it may provide items to consider in a regulatory system that is strict, fair, and legally sustainable,” Abbott said. “Passing a law is not the same thing as actually solving a problem. Texas needs a bill that is enforceable and will make our communities safer today, rather than years from now. Next month, the Legislature will have the opportunity to address this serious issue. I look forward to working with them to ensure that we get it right.”

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