When Lt. Governor Dan Patrick announced Senate Bill 3 to ban all forms of THC in Texas, he drew from a familiar political playbook. His declaration that “thousands of stores have opened to sell all types of dangerous products with unlimited THC” echoes rhetoric used to justify cannabis prohibition in the 1930s, when claims about “reefer madness” helped drive federal policy.
The Texas Hemp Federation, through Executive Director Jay Maguire, responded: “The Lt. Governor’s characterization ignores basic facts about our industry. Legal hemp businesses employing thousands of Texans are providing safe, tested products while generating over a billion dollars in tax revenue. This isn’t about public safety – it’s about politics.”
Patrick’s announcement comes as multiple studies show regulated hemp markets reduce illegal sales and provide safer alternatives for consumers. States with strict regulation rather than prohibition consistently report better outcomes for both public health and law enforcement resources.
The timing is particularly notable given recent challenges to the “tough on drugs” political narrative. As more states move toward regulated markets, evidence continues to mount that prohibition creates more problems than it solves. Even traditionally conservative states have begun embracing hemp’s economic benefits while implementing sensible regulations.
Law enforcement perspectives have also evolved. Many departments now prefer focusing resources on actually dangerous substances rather than hemp products. Some Texas police chiefs have publicly stated that regulated hemp markets make their jobs easier by clearly distinguishing legal from illegal products.
The economic stakes are substantial. Beyond direct revenue and employment, Texas’ hemp industry supports numerous ancillary businesses from agriculture to retail. Local communities across the state have come to depend on hemp-related commerce and tax revenue for essential services.
“History teaches us that prohibition doesn’t eliminate demand – it just drives markets underground,” notes the Federation’s statement. “We’ve built a transparent, regulated industry that protects consumers and supports communities. Dismantling it would only benefit illegal operators.”
The proposed ban faces several hurdles, including potential federal preemption under the Farm Bill and likely legal challenges from affected businesses. Previous attempts at administrative prohibition have already been blocked by Texas courts.
For now, the industry continues operating under existing regulations while preparing for what promises to be a defining legislative battle. The outcome may well determine whether Texas embraces evidence-based policy or returns to failed strategies of the past.
[Note: This article represents ongoing coverage. The Texas Hemp Reporter will continue following developments as this story unfolds.]
IF VOTING FOR CANNABIS FRIENDLY CANDIDATES IS HOW YOU CHANGE THE LAW IN THE STATE OF TEXAS IN NOVEMBER, HERE’S WHERE THEY STAND
We’ve finally escaped primaries in the state of Texas with the runoffs giving us our November candidates and new seat holders. Some seats are called as there will be no opponent on the ballot in November. Unfortunately this also means that there is likely to be a point of contention among people when it comes to discussing cannabis friendly candidates showing on the ballot where there are incumbents and party loyals.
Cannabis herb and leaves for treatment.Buds. Skunk. cbd, hemp buds and money,Closeup of assorted American banknotes.World economic crisis associated with coronovirus.
When it comes to the individual reps on the ballot, most Democratic candidates have shown to be in favor. That does not mean the Republican candidates are always opposed either. Texas NORML has put together a wonderful list of candidates that responded to a survey they put forward well before primaries started. Several questions were asked and candidates were given a chance to respond. If a candidate for your state house or senate district has not responded, it is recommended that one reach out to the contact information listed on the survey results for that candidate.
On a state level it’s not looking so much in the favor of the Republican candidates this election. Greg Abbott has signaled that he does not want to see prisons and jails filled with cannabis offenders, but has also put forward that possession should still be hit with criminal penalties instead of civil penalties. Abbott has stated that he is a hard no on legalization of marijuana and has not signaled any current favor towards expanding the medical cannabis side of things in Texas.
Abbott’s Democrat opponent Beto O’Rourke is almost a total 180 on cannabis positions. Beto has posited legalizing to help provide property tax relief and help to fund schools in the state. Expanding the medical program on the radar, and so is eliminating criminal penalties. It should be expected to be a big topic when it comes time for debates between the candidates.
Lt. Governor Dan Patrick.
Abbott’s stance on criminal possession charges, while better than not moving it at all, is hit by a roadblock of the incumbent Lt. Governor Dan Patrick. Patrick is the Republican incumbent running for this election with Democratic opponent Mike Collier making a ballot appearance return. Collier was the Democrat opponent 4 years ago and lost by a narrow margin.
Patrick has vocalized in a previous legislative session that any movement to decriminalize cannabis possession would be killed in the Senate.Legalization is off the table with Patrick and the notion of getting medical advancement is insanely difficult given that Patrick has shown to not be favorable and his stand-ins during his absence on the floor have been rather against cannabis progression as well.
Collier has been vocal about changing the law in the state and has been in favor of using the program for the same reason’s Beto has. Collier has also noted that a vast injustice has been created socially with the criminalization of cannabis and that legalization would rectify that. One may think that Collier would be a Texas favorite for this election given his work within the oil industry in Texas along with his work with the highly trusted accounting and audit company PriceWaterhouseCoopers. The agency is known for maintaining the integrity and secrecy of the academy award nominations every year. Oil and election integrity – sounds very Texas.
Then there is the race for AG Commissioner. Incumbent Republican Sid Miller has been on the record saying that he desires to see cannabis move forward for medical reasons in the state of Texas and changes for the better with the hemp program in the state. These statements came about before the most recent legislative session. Unfortunately, Mr. Miller was not very vocal publicly during the 87th legislative session and a hemp cleanup bill was killed over delta-8 language added by the senate. Medical only moved a slight margin with no public statements from Miller during the legislative session on that topic either.
Sid’s opponent is Democrat Susan Hays. Susan is an attorney and a rancher in Texas and has most recently been in the spotlight as one of the attorneys involved in the smokable Hemp ban case. Susan has helped to craft the hemp bills in Texas and guide the process so that things like who is responsible for what, would make more sense. Of course language gets changed after drafting it and before it’s submitted for official filing by an official. Hays has been vocal about having a properly regulated program in place that makes sure each law enforcement agency in the state is aware of the agricultural programs Texas now has legalized.
And when it comes to attorney general, there is the incumbent Ken Paxton whose office is currently fighting the delta-8 cases brought forward by the Texas Hemp Federation. Paxton’s office was initially trying to defend a retail ban along with the manufacturing ban of smokable hemp products in the state of Texas. The retail ban was not kept as DSHS dropped fighting to keep it. Paxton has not shown any support for the industry.
Rochelle Garza is the Democrat opponent that Ken Paxton will have to face in November. Garza’s stance is that of “it never should have been criminalized. The fight for legal cannabis isn’t about making a dangerous substance legal. 18 states have already legalized cannabis, and Texas needs to be next if we want to jump-start criminal justice reform.”
It would be great to see conservative statewide office holders showing the enthusiasm Sid Miller was showing in 2020. The voting base is for it and that includes Republican voters when promoting it to fund schools and keep property taxes down. As much as there are conservatives that are for having a stellar medical program the way Oklahoma does, the key positions within the statewide offices, don’t seem to be there.
The offices and incumbents need votes to stay around and every candidate is doing a behavior to either obtain something or avoid something. They need votes to obtain time in office and avoid getting out to the curb. Elections happen so that people can decide to not give them their votes if they cannot learn to do the right things for the people when in office. This is your voice Texas, this is your vote. We as journalists shouldn’t tell you how to vote when it comes to articles such as these. But when it comes to these topics we can give you the facts available on their positions and the candidates history with the topics.
Be sure to vote, Texas. If you are not registered, do so. Start finding out now what your voting locations are and your candidates. Ask them questions. Use your first amendment right and question these people. To check out the NORML voting guide for Texas, just Google Texas NORML Voter’s Guide
Penalty Reduction Bill HB 2593 an Update on Joe Moody’s
by Jesse Williams
Rep. Joe Moody (D) of El Paso authored HB 2593. The bill specifically deals with marijuana concentrates of up to 2 oz of tetrahydrocannabinols (THC). Moody had previously authored what has become HB 441 (another penalty reduction bill for marijuana flower) authored by Rep. Zwiener in the 87th legislative session.
HB 2593 would remove tetrahydrocannabinol and related substances from Penalty Group 2 and place them in a new category, Penalty Group 2-B, under the Texas Controlled Substances Act.
Penalties for possession of substances from the new Penalty Group 2-B would have been the same as those in Penalty Group 2-A, which range from a class B misdemeanor if the substance is two ounces or less, to life in prison or a term of five to 99 years and a fine up to $50,000 if the amount of substance possessed is more than 2,000 pounds.
Right now, any amount of concentrate found in your possession is a state felony. The last time penalty reduction was passed by the Texas legislature was 1973.
The bill passed out of the House committee with only two nay votes and passed in the House with a final supermajority vote of 108-33.
The bill proceeded to the Senate where it passed out of committee with only 2 nay votes as well. From there the bill was approved out of the Texas Senate with a delta-8 amendment attached by Senator Perry. The amendment would bring the regulation of delta-8 to what Perry called the federal limit imposed on THC by the 2018 Farm Bill. The second reading of the bill was passed with a 25-6 vote, and after the third reading for the final passage with amendment added, a vote of 24-7 was taken to pass the bill with supermajority support.
Grinded weed shaped as Texas and a joint.(series)
Senator Hinojosa asked if the amendment would bring any lab confusion such as the previous hemp bill, to which Perry responded no. Perry was also asked if the author (Moody) was okay with this amendment, to which the answer was yes.
When the bill went back to the House to see if the author conferred with the amendments or wanted a conference committee, Rep. Moody made a point of order on the bill. Moody requested a conference committee on the grounds that the delta-8 amendment was not germane (not relevant to purpose) to the bill it was added to. The House agreed that the amendment was not germane and the bill went to the conference committee. The same conclusion was reached in the conference committee.
The House then voted on the conference committee version without the delta-8 amendment language and passed the bill again. The bill was then sent to the Senate to be heard by the members on the floor. When sponsor Sen. Nathan Johnson (D) requested for the bill to get a vote on the floor, Lt Gov Dan Patrick denied the request, likely from frustration that the delta-8 amendment language was not present.
When this request on the floor was denied, the bill was effectively dead because the deadline was coming up within hours to have the bill passed by the Senate floor once more and sent to the governor.
Concentrates of THC now remain a state felony in the state of Texas until the legislature convenes again in 2023 to possibly bring up another bill.
Interview with Heather Fazio of Texans for Responsible Marijuana Policy by Sana v’Ritzvah
Heather served as Texas Political Director of the Marijuana Policy Project from 2014-2018. Now, she utilizes her passion for grassroots activism and coalition building as Director of Texans for Responsible Marijuana Policy, an advocacy-focused coalition.
TEXAS HEMP REPORTER: Heather what occurred in the Texas Legislature in May?
HEATHER:Texas is inching along with marijuana legislation. I wish I could say more, it’s like a tennis game. 37 states have fully regulated medical marijuana, including all Texas border states, with Alabama profiting at 92 million per year. The Compassionate Use Act was passed in 2015, amended and expanded in 2019. HB1535 (Rep. Klick) flushed the house 134-12 and sent to the Governor. The bill calls for the expansion of access for all not just terminally-ill cancer patients, PTSD treatments and patients with chronic pain.Sadly the Senate dropped the ball cutting the provision for chronic pain re-feeding back into the opioid epidemic, “pills for pain” costing thousands of lives, quality of life, tragedies, wasted resources and severe addictions. One inspiring thing was our veteran lobby standing up for non-veterans strongly behind the PTSD inclusion vocally supporting accident survivors,mothers whose child perished in childbirth, victims of crimes all who can suffer the syndrome.
Another us the establishment of the Internal Review Board for Medical Marijuana. Now in-state research and science can promulgate the myriad reasons for expanding legality of cannabis. It’s silly really how we banter between .5% 1% 5% THC content when it really should be doctors trained in the field concerning dosages. It was leaked that hearings concerning the cannabis bills were hijacked by the Lt. Governor’s Office which was meeting secretly without public access. These are the draconian measures our officials are taking to stall progress. Other bills still in the twilight are SB181 (Rep. Johnson) which would take Texas off the list that suspends drivers licenses for “drug convictions” hoping to alleviate the already 50,000 arrested annually for marijuana-related charges. HB1694 could save lives ensuring medical issues are not exploited to arrest people for possession. And HB567 (Rep. Frank) to protect TCUP patients (minors) from being extracted from their homes for failing a THC test.
THR: How did you personally get involved in medical marijuana?
Witnessing one hundred years of suppression of uses and benefits of hemp and with the issue emerging so strongly. I was involved with Texans for ResponsibleGovernment and a member of the Libertarian Party. I saw it as unconscionable. I was involved with grassroots organizing, community building coalition making. After joining Texas NORML I was chosen as Advisor for the Marijuana Activist Manual. The next logical step was Texans for Responsible Marijuana Policy.
THR: There now exists a 27 member coalition that coalesces around the issue.
Yes. Our situation is we live in a polarized political environment. We began to seek allies that could bond to institute policies that mattered. As we discussed I come from a libertarian perspective; a bipartisan grouping, democrats and republicans, ACLU.. it really is a privacy rights issue, a due process issue, civil rights. There are millions affected by dis-regulation, it is liberty versus jailing. Tens of thousands of Texans in jail for marijuana and 92% of burglaries go unsolved.
THR: What about Delta-8? HEATHER:There is an attorney for two companies, one that produces and one that sells Delta-8 products. The DSHS has established that THC from hemp, in any traceable form from .0001% to the supposedly legal 3% is all in the same bucket. The attorney called this a quagmire. By lumping all THC we lose the particulars, our law makers prove they know nothing of the science, nothing about the plant they are dealing with. Our advocates strive to shine light on the variables to avoid misunderstanding.
THR: Can you give us a personal testimony? HEATHER: A nurse from Wichita Falls, she was diagnosed with cancer. After moving to Colorado she tried cannabis for a second time. She wasn’t sure till one day she left her couch without buckling over, entered her kitchen without pain and began cooking again. For those in pain 24-7 this is life-changing.
Photo Jesse Williams for the Texas Hemp Reporter.
TEXAS HEMP REPORTER:What’s does the future hold in Texas for Cannabis?
HEATHER:The Texas Legislature meets on the odd every two years. So we are looking to 2023. We plan to inject into the campaign cycle, ask a lot of questions of our law makers, create discussions with law enforcement.NORML has collected a marijuana-friendly voters guide. And we seek to start conversations with our civic groups, community centers, PTA (lol) why not? 60% of Texans believe small amounts of marijuana should be legal for any purpose.
THR:Are you optimistic?
HEATHER:Very. This is tug of war, we stand on the backs of several generations of activists that have blazed this trail. We represent a professional effort to secure individual rights. Nothing but our best efforts will bring our movement forward.
