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Texas' Total THC Ban Goes Up In Smoke

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by blueapples
Tuesday, Jun 24, 2025 - 11:00

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Despite red states across the country touting the value of small government that limits interference into the lives of private citizens as the cornerstone of the conservative ideology that leads them, one issue has long shown their hypocrisy. Despite 24 out of 50 states legalizing recreational marijuana use, the substance still remains banned in most Republican-led states. Republican leadership in Texas, the state with the largest economy of any that has yet to legalize recreational marijuana use, recently attempted to impose the strictest ban on THC, the psychoactive substance in marijuana, in the country. That misguided crusade evoking anachronistic propaganda that sounded like it was torn straight out of the script from Reefer Madness went up in flames after a senate bill that would have imposed a ban on products containing any level of THC was vetoed by Texas Governor Gregg Abbott at the 11th hour.

Texas Lt. Governor Dan Patrick displaying THC products legal in Texas.

The crusade to completely ban THC in Texas was led by Lieutenant Governor Dan Patrick. While marijuana has and still remains illegal in Texas, the state does allow products that derive THC from hemp to be brought to market. Under current Texas law, products can contain the psychoactive substance so long as it is synthetically derived from hemp. Hemp-derived THC that is legal in Texas is known as Delta-8-THC. It contains less than 0.3% by dry weight of Delta-9-THC; the main psychoactive cannabinoid found in marijuana. Texas' legalization of hemp-derived THC followed the passage of the federal 2018 Farm Bill which removed hemp from the Drug Enforcement Agencies Controlled Substance Act, paving the way for the sale of products in states like Texas where marijuana still remains illegal.

Since hemp was removed from the DEA's controlled substance list, the Texas hemp market has boomed. As of 2024, hemp products contribute nearly approximately $4.3 billion to the state's economy annually. Its legalization has led to a growth in small businesses, with businesses in the states hemp industry employing over 53,000 Texans. Increased tax revenue from the sale of hemp products has also benefited the state. Both of those advantages have long served as the pillar of economic arguments that have promoted total legalization of marijuana that Texas has yet to fully embrace. However, the success of the hemp industry evident in the state takes the trajectory toward legalization of marijuana a step further.

Despite those auspices, momentum has stalled in the face of strong opposition to the legalization of THC in the state. Texas Lieutenant Governor Dan Patrick has led the charge against the use of hemp-derived THC, making hopes for the legalization of marijuana in Texas seem like a pipe dream. Patrick based his narrative against THC on instilling panic about the use of the hemp-derived substance. The lieutenant governor's fearmongering over the legal products ironically sounded like the paranoid delusions of someone who was really having a bad trip, as Patrick proclaimed that the use of the hemp-derived THC products was putting the lives of Texans in serious jeopardy. The unhinged rhetoric unfurled from the silver tongue of Texas' lieutenant governor became so absurd that Patrick even accused the companies making THC products of being terrorists.

Patrick's shameless crusade against THC was met with criticism suggesting that his position had less to do with temperance and more to do with a conflict of interest. Critics of Patrick speculated about his ties to the alcohol lobby, which prominently funds measures taken to curb legalization of THC to undermine its competition in the market. The alcohol industry is aided in that mission by with the pharmaceutical lobby, which also funds candidates and campaigns that fight against wider legalization of THC. Although each does so under the guise of the interest of public health and welfare, alcohol and pharmaceutical related deaths outpace fatalities associated with marijuana use by an exponential degree.

The motives driving Lt. Governor Patrick's support of SB 3 shares that same hypocrisy. In 2021, the lieutenant governor proudly supported Texas House Bill 1024, which legalized the pick up and delivery of alcoholic beverages from restaurants for off-premises consumption. Although Patrick proclaimed that the measure was being taken to help small businesses, his support for HB 1024 looked to be rooted in the same interest influencing his support for a ban on THC. Public records from the Texas Ethics Commission show Patrick received a $250,000 contribution in 2024 from the CEO of Silver Eagle Distributors, one of the largest Anheuser-Busch beer distributors in the state. This was followed by a $25,000 donation from the Beer Alliance of Texas PAC. Those campaign contributions demonstrate that private and not public interest is what shapes Patrick's policymaking on marijuana reform.

Apparently blinded by the hubris imbued into him by the alcohol lobby, Patrick believed his mission to ban THC was accomplished when the Texas Legislature passed Senate Bill 3 on May 27th after a long, drawn-out series of debates and amendments to the legislation. Under SB 3, any product containing hemp or hemp-derived cannabinoids would be illegal in Texas. Those products included any “food, a drug, a device, or a cosmetic” including hemp or hemp-derived THC. Those restrictions amounted to the strictest of any in the country.

Despite the victory in the Texas Legislature, Patrick's ambitions were shattered when Texas Governor Gregg Abbott vetoed the senate bill in the late hours of June 22nd just before the midnight deadline to do so. Abbott determined that the law would not have survived challenges to its constitutionality in light of Congress' passage of the 2018 Farm Bill. Instead, the governor called for a month-long special legislative session beginning July 21st when lawmakers from Texas will gather to determine future regulations on legalized THC products in the state. Subjects for discussion on those proposed regulations are anticipated to include child-resistant packaging, age restrictions like those even enforced in California, distance requirements from schools for businesses selling the products, and enhanced powers to local jurisdictions, which would allow cities and towns in Texas to prohibit the sale of the items within their borders.

Abbott's approach favoring increased regulation over a total ban followed in the footsteps of a similar decision made by his contemporary, Florida Governor Ron DeSantis, last year. On June 7th, 2024, DeSantis vetoed Florida's Senate Bill 1698 which sought to impose a ban like that which Texas Lieutenant Governor Dan Patrick fought so hard for to no avail. When vetoing the legislation brought to his desk in June 2024, DeSantis highlighted the detrimental economic impact the THC ban would have on the state. "While Senate Bill 1698’s goals are commendable, the bill would, in fact, impose debilitating regulatory burdens on small businesses and almost certainly fail to achieve its purposes.” he stated. Although the proposed legislation in Florida would have regulated the same hemp-derived THC, its stringency fell far short of the strict standards that would have been imposed in Texas that Patrick was in favor of.

Abbott's veto fractured the solidarity of Texas' Republican establishment as his lieutenant governor responded to his superior's decision with unrestrained vitriol. “The governor of the state of Texas wants to legalize recreational marijuana in Texas. That’s the headline, folks,” Patrick responded when learning about Abbott's veto. Patrick went so far as to accuse Abbott of betraying him, telling the public that the governor indicated his support for the bill and even guaranteed it being signed into law. Midway through excoriating the governor for the veto, Patrick toned down his criticism of Abbott by stating, “I’m not mad at the governor....but I will not legalize marijuana in Texas," before going on to admonish Texas lawmakers ahead of July's special session. “They will understand they’re casting a vote to legalize marijuana in Texas.” the lieutenant governor declared.

Predictably, Texas' hemp industry reacted in a manner diametrically opposed to Patrick's tirade. The Texas Hemp Business Council released a statement following Abbott's veto, which read:

"Governor Greg Abbott’s veto of SB 3 reinforces 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.

SB 3 would have banned widely used, federally legal hemp-derived products, pushing consumers toward unsafe alternatives and threatening public health and choice. Governor Abbott’s veto protects the hundreds of thousands of farmers, veterans, small businesses, and adult consumers across Texas who rely on hemp for wellness and their livelihoods.

Texas already has strong hemp regulations under HB 1325, such as strict rules on THC limits, full panel testing, licensing, labeling, and accessible certificates of analysis. We continue to advocate for sensible additions, such as limiting sales to those 21 and older, requiring child-resistant packaging, and establishing setbacks from schools, all of which were rejected by proponents of SB 3 in both the 88th and 89th Legislatures.

Polling consistently shows that Texans do not support a ban on hemp-derived products. We commend Governor Abbott for his leadership and for listening to the more than 150,000 petition signers and thousands more who shared their stories through handwritten letters. We remain committed to working with lawmakers and stakeholders to support a safe, well-regulated hemp industry, not just for Texas, but as a model for the nation.

While the businesses from Texas' hemp industry applauded Abbott for creating a model for the nation on how to regulate federally legal hemp products, that model still seems to be archaic. With nearly half of the states in the country legalizing recreational marijuana, the cultural tide has clearly turned on the use of the substance. In spite of that shift, Texas stubbornly remains on the outskirts of that cultural zeitgeist.

With bans on the use of substances like marijuana serving as an example of the iron first of government crushing citizens' freedom, Texas' choice to turn to a liberal model of regulation over despotism serves as a compromise. Yet, the reticence to embrace the complete legalization of THC in the state shows that Republicans in Texas who proclaim themselves as supporters of limited government are happy to impose more government interference into the private lives of Texans so long as the lobbies in favor of those bans continue to line their pockets. Although Abbott's veto of SB 3 is a step in the right direction toward more ensuring more liberty for Texans, it looks to have been taken on a bridge too far, as the prospect of Texas becoming the 25th state to legalize recreational marijuana use remains untenable.

Contributor posts published on Zero Hedge do not necessarily represent the views and opinions of Zero Hedge, and are not selected, edited or screened by Zero Hedge editors.
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