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Large Majority of Texas Voters want THC to Remain Legal

A survey of likely Texas voters indicates 68% support keeping THC legal in Texas, but strictly regulated.
Only 20% prefer an outright ban of consumable THC. The actual survey question was presented as
shown below:

__________________________________________________________________________________
Which of these two viewpoints are closer to your own? (rotate options)
68% Hemp-derived consumable THC, which offers alternatives to alcohol for responsible
adults and has other medicinal purposes, should remain legal in Texas but strictly
regulated with measures like age restrictions and warning labels.
20% Consumable THC derived from the Hemp cannabis plant can produce a high similar
to marijuana and its psychoactive effects can be harmful to kids and therefore
should be banned outright in the state of Texas.
12% Unsure


__________________________________________________________________________________
• Support for allowing THC to remain legal is lower among senior citizens (55% legal, 27%
ban) than it is among voters 18-34 years old (76% legal, 18% ban) and voters 35-44 years old.
• Republican voters support allowing THC to remain legal (57%) at double the rate at which
they want it banned (29%). In comparison, Democratic voters prefer THC to remain legal
(80%) over banning it (10%) by an eight-to-one ratio, while Independents are close to the
statewide average at 72% remain legal versus 17% ban outright.

• Hispanic respondents (75%) are slightly more supportive than Anglos (68%) or African-
Americans (64%) of allowing THC to remain legal.

• There is little difference in the levels of large majority support for keeping THC legal based on
one’s education: No college (68% legal), Some college (68%), College graduate (71%),
Postgraduate (64%). Similarly, seven out of ten voters at various income levels support keeping
THC legal.

Interviewing was conducted March 10-12, 2025, among N=600 likely Texas voters. The margin of error of the
results of the 600 interviews is + 4.0 at the .95 confidence interval. Baselice & Associates, Inc. utilized a mixed
methodology with respondents surveyed via live interviewers by phone as well as by text-to-cell invites.

Lies, Damned Lies, and “Loopholes

 How Texas Lawmakers Created the Hemp Market They Now Want to Ban

 

“There are three kinds of lies: lies, damned lies, and statistics.”—Mark Twain

Following a playbook more than a century old, Texas Prohibitionists have pushed the false claim that hemp producers and retailers exploited a “loophole” to create a thriving cannabinoid market. They argue that lawmakers only ever intended to legalize agricultural hemp for grain and fiber—despite clear evidence to the contrary. This isn’t just misleading; it’s a calculated attempt by politicians like Lt. Gov. Dan Patrick, Sen. Charles Perry, and Chief Steve Dye to rewrite history, shift blame, and vilify Texas entrepreneurs.

These figures have a long history of twisting the truth, omitting inconvenient facts, and demonizing experts and advocates alike. Our policy has been to track their statements and fact-check them against reality, and in doing so, we’ve found a clear pattern of dishonesty. Sen. Charles Perry, in particular, has a habit of self-serving misinformation, making unfounded accusations in hearings while refusing to let witnesses answer his own questions. His rudeness, bad faith, and unchristian treatment of those who disagree with him betray a clear malice toward ordinary Texans whose lives, liberty, and livelihoods mean nothing to him if they fall on the wrong side of his rigid, dogmatic worldview. Nothing Perry says should be taken at face value—every claim must be scrutinized for errors, logical fallacies, and outright mendacity.

There Is No Loophole—The Law Says What It Says, and They Know It

For at least the past two years Perry’s perorations in virtually every hearing and public event when speaking on Delta 8 includes reference to “unscrupulous manufacturers exploiting a loophole in Texas Law allowing these addictive and dangerous products to be sold.”  There’s a problem with that because it’s not a loophole.

The Texas Legislature, following the federal 2018 Farm Bill, explicitly legalized hemp products containing less than 0.3% delta-9 THC by dry weight. But they didn’t stop at simply allowing hemp stalks and seeds—they included terms like extracts, derivatives, cannabinoids, and isomers in the legal definition.

If lawmakers had only intended to legalize hemp for fiber and grain, why did they specifically name cannabinoids in the law? The Prohibitionists pushing the “loophole” argument want Texans to believe that legal businesses tricked the state into allowing THC products. But the truth is, the law was written to allow for hemp-derived cannabinoids, and lawmakers knew exactly what they were doing when they passed it.

The 2018 Farm Bill and Texas Hemp Law Expanded Hemp on Purpose

The original 2014 Farm Bill created a narrowly defined pilot program for “industrial hemp.” Congress could have kept this limited framework in 2018—but instead, they dramatically expanded it. Not only did they legalize hemp outright, but they also dropped the “industrial” qualifier entirely.

Texas lawmakers followed suit with House Bill 1325 in 2019, fully aware that the national hemp market was rapidly expanding into cannabinoids like CBD and other THC variants. If Patrick, Perry, and their allies now claim they never intended for consumable hemp products to be legal, they either weren’t paying attention (unlikely) or they’re deliberately misrepresenting the legislative history (far more likely).

The Real “Loophole” Is Their Own Failure to Clarify

If Prohibitionists are so outraged about the growth of the hemp market, they should take their complaints to Dan Patrick and Charles Perry, the very people who had multiple chances to clarify the law but chose not to. Instead of implementing regulations early on, they let the industry develop for years before suddenly deciding it was a problem.

If there was any “loophole,” it was one they created by not setting clear parameters from the start. Now, instead of taking responsibility, they want to paint retailers and producers as bad actors to cover up their own negligence.

Prohibitionists Distort, Deceive, and Disgrace Themselves to Justify a Ban

Rather than focusing on legitimate regulatory improvements, Prohibitionists like Chief Steve Dye have resorted to outright misinformation. Dye and others have made scurrilous accusations against hemp retailers, suggesting—without evidence—that they’re knowingly selling dangerous or illegal products to consumers.

This is a classic moral panic playbook:

• Cherry-pick a few bad actors and pretend they represent the entire industry.

• Mislead the public by suggesting all hemp-derived products are the same as illegal marijuana.

• Use law enforcement disinformation to push a political agenda.

Chief Dye’s public statements show a consistent pattern of fear-mongering, deliberate omissions, and outright falsehoods. He has been a mouthpiece for prohibitionist propaganda, making claims that contradict both regulatory evidence and industry data. His statements should never be assumed to be factual and must always be examined for dishonesty.

The vast majority of hemp businesses in Texas operate within the law and have been calling for clear, fair regulations for years. If Prohibitionists truly cared about public safety, they’d work with the industry to improve oversight—not weaponize misinformation to push for a total ban.

Because I said so, and God is on MY side, Dammit. 
 

The Baselice poll delivers a clear message: Texans, including a strong majority of Republicans, support legal, regulated access to THC. Conducted among 600 likely voters, the survey found that 68% favor keeping hemp-derived THC legal with strict regulations, while only 20% support an outright ban. Even among Republicans, support for legality outpaces prohibition by a two-to-one margin, exposing the disconnect between prohibitionist lawmakers like Charles Perry and their own voter base. The results cut through the moral panic and fear-mongering, showing that Texans aren’t buying the manufactured crisis Perry and his allies are pushing. Instead, they recognize the reality—responsible adults should have access to legal THC, and the state’s focus should be on smart regulation, not reactionary bans.

When confronted with hard data that contradicts his narrative, Senator Charles Perry doesn’t debate—he attacks. Upon hearing that a Baselice poll showed 68% of Republicans support some form of THC legalization, Perry turned red-faced and sputtered, dismissing the respected pollster as a “bottom dweller.” He didn’t refute the numbers. He didn’t challenge the methodology. He simply lashed out, as if reality itself were an insult. This is how Perry manages disagreement: not with facts, not with reason, but with sheer force of will, belittling the source and attempting to intimidate the messenger. For Perry, to be proven wrong isn’t just inconvenient—it’s unacceptable. And so, rather than engaging in an honest discussion, he bullies, dodges, and ultimately denies, hoping that if he shouts loudly enough, the truth will simply go away.

The “Loophole” Perry Wants Isn’t the One He Claims

The “loophole” Perry is so desperate to close isn’t the one that made Delta-8 THC legal—it’s the one that prevents him from criminalizing it by legislative fiat. Delta-8 remains legal in Texas due to a court order, but Perry and his allies are attempting to override this by distorting the definition of “synthetic.”

They seek to lump a well-understood, safe chemical process called isomerization—the conversion of one natural cannabinoid into another—into the same category as dangerous, lab-created substances like K2 and Spice. This isn’t just misleading; it’s deliberate. By twisting scientific terminology to fit his prohibitionist agenda, Perry hopes to conjure a public health crisis where none exists. His goal is clear: to weaponize legal definitions, equating a regulated cannabinoid with the reckless chaos of street drugs to justify an unnecessary, fear-driven ban.

Perry, Patrick, and Dye’s Political Game Is Transparent

One of the biggest enablers of this mess is Sen. Charles Perry, a longtime Prohibitionist who deliberately let regulatory uncertainty fester—only to later use it as an excuse for a crackdown. Instead of helping establish clear guidelines for the industry, Perry sat back and waited for problems to arise, knowing he could later use them as ammunition to push prohibition.

Lt. Gov. Dan Patrick has been complicit in this strategy from the beginning. He has consistently blocked even the most modest cannabis reform efforts, from medical marijuana expansion to regulatory improvements for hemp. His sudden concern over hemp-derived THC isn’t about protecting Texans—it’s about pandering to the Prohibitionist base and consolidating power.

And then there’s Chief Steve Dye, who has made it his mission to spread law enforcement disinformation about the industry. Rather than basing his claims on actual evidence, Dye has relied on fear tactics and demonstrably false statements, often demonizing both industry experts and consumer advocates. His refusal to engage in honest debate—combined with his repeated omission of facts—shows that his goal is not public safety but rather to serve the Prohibitionist agenda.

The Bottom Line

The “loophole” argument is nothing more than a convenient excuse for Prohibitionists like Patrick, Perry, and Dye to cover up their own failure to regulate responsibly. The Texas hemp industry followed the law as written, and the same lawmakers who now complain about hemp-derived THC were the ones who wrote those laws in the first place.

Texas retailers, farmers, and consumers deserve better than political games and misinformation. If lawmakers want to change the rules, they should do so through honest debate—not by demonizing legal businesses and rewriting history.

Texans must not allow prohibitionist politicians like Dan Patrick, Charles Perry, and Steve Dye to use bad-faith narratives to shut down an industry that has operated in good faith. The Texas hemp industry is here to stay, and we must not let these politicians weaponize disinformation to take us backward.

Ricky Williams Joins SB3 Fight

Will $475,000 Campaign Help Bring a 4th Quarter Win?

Former Longhorn and Heisman winner Ricky Williams hopes to sway Texas lawmakers on cannabis legislation. He co-founded Project Champion with former NFL athletes Jim McMahon and Kyle Turley. Together, the trio hopes to use their influence — and a $475,000 campaign — to stop Senate Bill 3 in its tracks. 

SB3 passed with bipartisan support through the Texas Senate on March 19. If the House passes the bill, it will ban THC in the state and kill an $8 billion industry. 

“As former professional athletes, we’ve experienced firsthand the physical and mental toll of high-impact sports,” Project Champion’s website states. “Many of us have turned to cannabis as a natural solution for pain management and overall well-being.

“Recognizing the need for safe, effective and accessible cannabis products, we’ve joined forces to advocate for fair legislation and shatter the stigma surrounding this powerful plant.”

Williams is no stranger to cannabis activism, as he was suspended from the NFL multiple times during his career for positive drug tests. In recent months, the league has loosened regulations surrounding cannabis. In 2023, Chiefs’ Travis Kelce told Vanity Fair that he estimates 80% of players use the substance.

On episode 134 of The Texas Hemp Show Podcast, Williams shared that he wished more pro-cannabis athletes would speak out – a mission Project Champion facilitates.

“The stigma is still strong,” he said. “I think people are afraid of it tarnishing their reputation. But to me, a reputation of being something that you’re not and pretending to that you are – not really worth it.”

Project Champion

With their NFL days behind them, Williams, McMahon and Turley have turned over new leaves as cannabis entrepreneurs. In recent years, Williams launched his Highsman brand, while McMahon and Turley have a joint venture called Revenant.

“To me, being an athlete is temporal, and people forget about you – unless you’re the best ever – people forget about you in a generation,” Williams told The Texas Hemp Show in 2023. “What I tell young athletes, I say, ‘Being a professional athlete in the long scheme of your life, it just gives you a platform to do something. But how are you going to use that platform?’ I feel very fortunate that I’ve been able to utilize my platform to touch and help and inspire a lot of people who don’t have any interest in football.”

The athletes work alongside the organization’s president, Gretchen Gailey, a seasoned Washington D.C. journalist who worked in the public affairs space and served as communications director for Congressman Bill Shuster (R-PA). 

As part of their nationwide efforts, Project Champion lands earned media telling powerful cannabis stories. They have secured headlines on Forbes, MJBizDaily, Benzinga and Chron (to name a few).

Texas’ 89th Legislative Session ends June 2, and it is not yet clear when the House will vote on SB3. In the meantime, Project Champion plans to launch a digital advocacy campaign, host high-impact events and build coalitions. 

For more information, visit projectchampion.org.

The Big Smear: False and Misleading Claims Dan Patrick and Sen. Perry’s Press Conference Deconstructed and Debunked

Executive Summary

On March 19, 2025, Texas Lieutenant Governor Dan Patrick hosted a legislative briefing to address the proliferation of synthetic THC products across the state. The briefing centered on Senate Bill 3, introduced by Senator Charles Perry, which aims to ban these products completely. Law enforcement officials and families affected by synthetic THC-related mental health crises provided testimony supporting the proposed legislation. This report analyzes the claims, evidence, and broader context of this high-profile public health discussion.

Introduction and Background

The briefing opened with Lieutenant Governor Patrick displaying a map showing approximately 8,300 locations selling THC products throughout Texas. “This is the problem,” Patrick stated, pointing to the visual representation. “8,300 locations doing $8 billion worth of business in Texas, preying on young people, preying on any adult who doesn’t know what the products are they’re buying.”

Patrick framed the issue as an urgent matter requiring immediate legislative intervention, emphasizing that Senate Bill 3 would ban THC products completely, including those found in beverages sold at liquor stores. “This is a poison publicly, and we as the legislature, number one responsibility is life and death issues, and that’s why this is Senate Bill three,” Patrick declared.

Senator Perry’s Presentation

Senator Charles Perry, the author of Senate Bill 3, presented a notably emotional case against synthetic THC products, recounting several personal stories of young adults suffering from psychosis and addiction. “2020 years old in recovery for a year. I’m here for David. 29 years old in psychosis today. I’m here for grace. 29 in psychosis today. I’m here for melody. 22 addicted,” Perry recounted, listing numerous cases of young people experiencing severe psychiatric and health issues allegedly linked to synthetic THC use.

Perry emphasized that the products in question are fundamentally different from traditional cannabis: “This is not pot of yesterday. This is stuff that will change lives forever in a very negative way, actually probably cause loss of life at the end of the day, because paranoid and schizophrenia are the attributes that are a common thing when you talk to these parents of these kids are in this stuff.”

The senator also addressed concerns about THC-infused alcoholic beverages: “In what world would conceive that if you mix drug and alcohol, that the end result can be anything but bad? That doesn’t end well for any people.” He insisted that such products cannot be excluded from the proposed ban.

Perry directly challenged the industry’s economic arguments: “Profit over people is never an excuse to ignore the people… The taxes we collect does not cover the behavioral health issues that’s created an addiction that state budgets of the day have to cover.”

Law Enforcement Perspectives

Police Chief Steve Dye of Allen, representing the Texas Police Chiefs Association, provided insights into the challenges facing law enforcement. He explained that consumable THC products currently being sold across Texas often contain illegally high concentrations of THC: “Undercover police investigations have found THC consumables that tested up to 78% THC concentration, which is many times more than the naturally grown marijuana of the past, which was less than 5% THC.”

Chief Dye highlighted the marketing tactics employed by retailers: “Wholesalers and retailers often market these products as candy, chips and cookies, covering labels to disguise and mislead on the contents. Consumers have no idea what they’re consuming in these containers, and most people think that if you walk into a store and you’re able to buy something from a retail establishment, it must be legal and it must be safe. With these THC consumables, neither is true.”

District Attorney Greg Willis of Collin County reinforced these concerns from a prosecutorial perspective: “Daily dosing basically can make psychosis five times more likely. For one in 10 heavy users, the psychosis never lifts, and it becomes a lifetime of mental illness. One hit, one habit, and the door to schizophrenia swings wide open, never fully closing again.”

Willis drew parallels to previous synthetic drug crises: “As has been mentioned, we’ve been here before. K2 spice basalts. Every time it starts the same, new drug slips through a loophole, gets marketed as safe, as just another option. Then comes the overdoses, the psychotic breaks and the ruined lives. But each time Texas has acted, and Texas should act again.”

Sheriff Bill Waybourn added context about the impact on county jail systems, noting: “We’ve been asking to add to our mental health capacity in Tarrant County because of these things, this is clearly the evil that stands before us.”

Testimony from Affected Families

Some of the briefing’s most compelling testimony came from family members of those affected by synthetic THC products. A representative from Safe and Healthy Texas shared the story of Sonia Jimenez, whose son died by suicide after experiencing psychosis from a product called “wedding cake Delta eight.” According to the testimony, “The voices in [his] head told him to go to LA to save God’s children… He was suffering. He didn’t understand what happened in front of the train.”

Another parent, Chandel Stricklin, shared her personal experience of having to retrieve her son from a psychiatric ward: “I had to pick up my son from a psych ward, had to speak with a psychiatrist, explained the medication, the recovery process and what next steps for our family would look like.” She described her fear of her own child after his mental state changed dramatically: “For the first time in my life, I experienced being afraid of my own child… I question if I need to stay up all night, am I going to be able to go to sleep?”

Stricklin emphasized the need for immediate action: “We don’t have time for more regulation, because families are at risk, lives are at risk, we are asking for a total ban of synthetic THC.”

Policy Discussions and Responses to Questions

When questioned about existing medical cannabis programs in Texas, Senator Perry clarified that Senate Bill 1505 would be amended to expand the state’s compassionate use program: “There’ll be an amendment on the floor for the teacup bill, 1505 when it comes up that’s going to require not, not May, but shall, open up those three additional licenses that we’re going to so they’ll produce six licenses.”

Perry also addressed a question about a poll showing 68% support for THC in Texas, arguing the poll was misleading: “Synthetic THC was not polled… The average person in this room, and people are listening, do not understand the distinction between THC and synthetic.” He suggested that the public might support the concept of THC in general without understanding the specific dangers of synthetic variants.

Lieutenant Governor Patrick emphasized coordination among state leadership: “The Governor and the Speaker and I have talked about this several times. We just had breakfast this morning. We’re all on the same page. We’re going to protect the people of Texas from THC.”

Patrick concluded with a pointed observation about retail locations: “Why are almost all of these THC stores building and opening up around schools? The idea that they say, ‘Well, we have 21 sign on the door. We don’t sell—’ Why are they all opening up around school? That’s where they believe their market is, you don’t open a business in an area that you’re not selling products.”

Analysis and Context

The briefing presented a coordinated message from state leadership, law enforcement, and affected families, all supporting a complete ban on synthetic THC products. However, several important considerations merit additional context:

First, the terminology used throughout the briefing often blurred distinctions between different types of cannabis-derived products. The speakers frequently referred to “synthetic THC” when discussing hemp-derived cannabinoids like Delta-8 THC, which are technically semi-synthetic (derived from CBD through chemical conversion) rather than fully synthetic drugs like K2 or Spice. This terminological imprecision could lead to confusion about exactly which products would be banned under the proposed legislation.

Second, while the speakers cited extreme cases of psychosis and other serious health effects, they did not address the complex relationship between cannabinoid use and mental health that has been documented in scientific literature. The causal relationship between THC exposure and psychosis is still being studied, with some research suggesting bidirectional effects and confounding factors that complicate straightforward conclusions.

Third, the briefing characterized the industry as exploiting regulatory loopholes rather than acknowledging the complex legal environment created in the wake of the 2018 federal Farm Bill, which legalized hemp and created a gray area for hemp-derived cannabinoids. The speakers did not address potential regulatory frameworks short of complete prohibition that might address their concerns while allowing regulated access.

Finally, the economic implications of banning an $8 billion industry in Texas were mentioned primarily as a counterargument to industry claims rather than as a consideration requiring detailed analysis. The potential impact on tax revenues, employment, and alternative sources for these products was not substantively addressed.

Conclusion

The March 19 briefing presented a strong case for banning synthetic THC products in Texas based on public health and safety concerns, particularly regarding mental health impacts on young people. The testimony from affected families provided compelling emotional support for the proposed legislative action.

While Senate leadership has signaled firm support for Senate Bill 3, the dynamic in the Texas House of Representatives differs significantly from that in the Senate. Industry advocates and stakeholders will have opportunities to address factual inaccuracies that contribute to what appears to be a moral panic designed to eliminate the industry rather than regulate it responsibly. The Texas legislative process requires each chamber to pass identical bills before any law can be presented to the governor, leaving ample room for negotiated regulations or even the possibility of Senate Bill 3 being defeated entirely.

Businesses operating in this sector should focus on implementing and maintaining best practices to improve overall industry optics. Strict adherence to existing laws and regulations provides the most effective defense against both immediate enforcement actions and proposed prohibitions. Companies that can demonstrate responsible operations, age verification procedures, proper labeling, and third-party testing will be better positioned to advocate for reasonable regulation rather than outright prohibition.

Happy Cactus Team “Cards” Texas Lt. Governor

Texas Lt. Governor Dan Patrick Visits Responsibly-Managed Austin-Based Legal-Hemp Retailer

 

Yesterday, Texas Lieutenant Governor Dan Patrick visited the Happy Cactus, a legal hemp retailer in Austin, Texas. When Patrick entered the store, the employees asked for identification to verify his age. He complied and showed his ID, proving he was over 21.

 

The Happy Cactus team followed the standards of best practices established by the Cannabis Retailers Alliance for Texas and other organizations. Patrick asked about gummies and if products with more than 50mg per serving of hemp were available. Co-owner Todd Harris informed him products with more than 50mg per serving are NOT available in the store.

 

Patrick claimed that students from Crockett High School had been in the store. Harris said everyone who enters the store is asked for identification to prove they are over 21. Harris’ attorney sent Crockett High School administrators a letter warning students not to trespass in the store. The letter was sent more than six months ago.

 

“We are proud of our team here at Happy Cactus. They handled the visit according to the best practices of Texas hemp retailers and with professionalism and respect,” said Harris. “We are proud to provide a legal product that helps many people in our community, including veterans and seniors.”

 

“We are grateful that Lieutenant Governor Patrick decided to investigate stores on his own. We are very pleased that he chose Happy Cactus because they are one of the best examples of how to run a store properly. It’s obvious that they carry quality products for people in need and take extreme precautions to ensure their products do not fall into the wrong hands. They even ‘carded” Lieutenant Governor Patrick without knowing who he was,” stated David Sergi of Sergi & Associates.

 

“Lieutenant Governor Patrick came into Happy Cactus, our Client’s store, and saw that we do things correctly. He learned that we had sent a no-trespass letter to Crockett High School because we didn’t want their students in our store. He also learned that their students no longer attempt to come into our store. Happy Cactus does things right like most of our industry,” said David Sergi.

judge's gavel with hemp flower

 

A video of the visit is here: https://www.dropbox.com/t/CvXgh9fbTRXidBSJ

 

For media interviews with Todd and Mickey Harris, Happy Cactus Owners, or David Sergi, Attorney for Happy Cactus, please contact Kevin Lampe at (312) 617-7280 or [email protected].

 

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Lt Dan. Making House Calls

In an effort to remain vigilant and true to his word Texas Lt. Governor Dan Patrick is now making house calls to area store owners in a measure of enforcement that goes right to the top!

Employees of south Austin store owner Todd Harris of the Happy Cactus were greeted with questions about products his stores sell and legal dosing and compliance concerns as any grandmother might before making a legal purchase of CBD cream, or maybe a Texas Veteran who was looking for a gummy for a better night’s sleep.

Only this “house-call” was made by none other than Mr. SB 3 himself, Texas Lieutenant Governor Dan Patrick. 

Happy Cactus, like many industry retailers are following a set of best compliance practices which are part of a statewide effort led by organizations such as (CRAFT) Cannabis Retailers Alliance for Texas.

According to Harris, Dan Patrick came in and asked about gummies and how many milligrams he had on certain legal-hemp products. Staff members provided info on one such item that was 50mg to the Lt. Governor as more questions ensued. Harris explained that products over 50mg are not available at his stores.

The Texas lawmaker also entered a line of questioning to Harris that alleged that students from nearby Crockett High School had come into the Happy Cactus when Happy Cactus staff insured Patrick that they not only card everyone that attends its establishment, but under his attorney’s advice they have sent the school a trespass warning so students know not to visit. That notice was delivered over six months ago.

“Lieutenant governor Patrick came into our Client store and found out that we do things the right way. He was even carded. He learned that we had sent a no trespass letter to Crockett high school because we don’t want their students in our store and he also learned that their students no longer attempt to come into our store and that we do things right like most of the rest of our industry. ” – Stated David Sergi the attorney of record for the south Austin retailer.

AUDIO FILE OF PART OF VISIT

Security Video of Happy Cactus shows Patrick and his staffers coming into the south Austin store for an official visit.  Unresponsive to Happy Cactus employees request for ID the Lt. Governor of Texas went on to explain that he was “Dan Patrick”. The Employee still demanded the identification. Afterwards, Todd Harris was notified by staff of the cordial visit by the top Texas lawmaker.

Harris and Sergi both emphasized that  “we are grateful that Lieutenant governor Patrick decided to investigate stores on his own and very pleased that he chose Happy Cactus because they are one of the best examples of how to do how to run a store properly. It’s obvious that they carry quality products for people in need and take extreme precautions to ensure their products dont fall into the wrong hands. They even carded lieutenant governor Patrick without knowing who he was.” stated David Sergi of Sergi & Associates.

 

Details of the Call can be heard here, and the security tape recorded the visit.

The Happy Cactus is located at 5700 Menchaca Rd Ste # 520 and is owned by brothers Mickey & Todd Harris from Austin TX.

[ Happy Cactus was profiled on the Texas Hemp Reporter website last year after a hit-piece questioning testing methods of the hemp industry made waves in Texas Monthly last August.] – links to article –

A History of Marijuana Prohibition Fueled by Fear and Prejudice

In the early 20th century, a new moral crusade took root in Texas against a
little-known intoxicant: marijuana. Local headlines warned of a “native
Mexican herb which causes the smoker to crave murder” . Preachers,
politicians, and press alike painted cannabis as a menace lurking in
immigrant communities. What began as a municipal ordinance in a border
town soon escalated into a statewide ban steeped in hysteria and racism.
Over the decades, marijuana laws in Texas would be enforced
disproportionately against Mexican Americans and other people of color,
suggesting that the war on “marihuana” was less about public health than
about social control. This investigation traces the timeline of Texas’
marijuana prohibition in the 20th century, the accompanying surge in
arrests of minority communities, and the voices that fanned the flames of a
moral panic.

A Century of Prohibition: Key Laws and Ordinances in Texas
Texas was an early battleground in America’s marijuana crackdown. Below
is a timeline of major anti-marijuana laws passed by the Texas Legislature
in the 20th century, along with notable city ordinances that preceded state
action:
• 1914–1915 (El Paso Ordinance): El Paso became the first U.S.
city to ban marijuana, amid fears of “wild marijuana parties” held by
Mexican immigrants . In June 1915, the El Paso City Council rushed
through an emergency ordinance outlawing the sale and possession of
“marihuana, or Indian hemp,” citing “the dangerous properties of marihuana
and the…injury to public health and public morals” as justification . “El Paso
is the first city in the country to take a stand against the traffic in marijuana,
known to be the deadliest drug on the market,” the El Paso Morning Times
boasted . (Notably, local doctors objected, noting “it is put up by the
foremost drug manufacturers…and is frequently prescribed, as it is a
sedative of value” – but their voices were drowned out by the panic.)
• 1919 (State Law – Ban on Transfers): Texas enacted its first
statewide anti-cannabis law by including “marihuana” in a general narcotics
statute. The 1919 law made it a misdemeanor to transfer cannabis for non-
medical use . In other words, selling or giving away marijuana without a

prescription became illegal, though mere possession or personal use was
still technically allowed at this point .

• 1921 (San Antonio Ordinance): Following a gruesome crime,
San Antonio joined the anti-cannabis movement. In August 1921, a
Mexican American man named Clemente Apolinar murdered a 14-year-old
white boy in a horrific manner. Media and authorities – incorrectly – blamed
marijuana for the man’s delirium and violence . The San Antonio Express
described cannabis as a drug “used by lower class Mexicans and to a
lesser extent white people” . Riding this wave of public alarm, San
Antonio’s city council swiftly banned marijuana in 1921, 16 years before the
U.S. federal government would do so . The case and its coverage solidified
the association between cannabis, violence, and Mexican Americans in the
public mind.

• 1923 (State Law – Possession for Sale): Texas tightened its
statute two years later. A 1923 law prohibited possession of marijuana with
intent to sell . This closed a loophole, making over-the-counter purchase
impossible – cannabis could now only be obtained via prescription . An
Austin newspaper at the time dutifully noted the change: “The McMillan
Senate Bill…mak[es] unlawful the possession for the purpose of sale of
marihuana…. Marihuana is a Mexican herb and is said to be sold on the
Texas-Mexican border,” reported the Austin Statesman in 1923 . Tellingly,
the paper felt the need to explain what the drug was and whom it was
associated with.

• 1931 (State Law – Full Prohibition): By 1931, Texas “finally got
around” to outlawing simple possession of marijuana . The Legislature,
shedding earlier reservations about policing private behavior, made
possession of any amount a felony – at the time one of the harshest
cannabis laws in the nation . “At last the state legislature has taken a
definite step toward suppression of traffic in a dangerous and insanity-
producing narcotic…,” applauded the San Antonio Light newspaper, which
noted with satisfaction that the new law targeted a drug that “makes the
addict [read Mexican] frequently a dangerous or homicidal maniac” . The
explicit editorial aside – “[read Mexican]” – underscored the racial subtext.
With alcohol Prohibition in full swing, few lawmakers balked at banning
marijuana outright; the climate of the time treated all intoxicants as threats
to be eliminated .

• 1937 (Federal Law – Marijuana Tax Act): While not a Texas law,
the federal government’s Marijuana Tax Act criminalized cannabis
nationwide (under the guise of a tax law). Texas, however, was ahead of
the curve – by 1937 it had already banned marijuana for six years,

providing a model of prohibitionist fervor that federal authorities built upon.
(Texas officials and newspapers contributed testimony and “horror stories”
to support the federal ban, helping convince Congress that a deadly
menace was afoot .)

• 1950s–1960s (Crackdown and Strict Penalties): Texas
maintained extremely severe anti-marijuana policies through mid-century.
Possession remained classified as a narcotic offense equivalent to heroin
or morphine. By the 1950s, a young person caught with a single joint in
Texas could face years in prison. In practice, convictions for marijuana –
often affecting minorities – drew sentences that sometimes rivaled those for
violent crimes. Texas earned a reputation for having the toughest marijuana
laws in America; indeed, any possession was punishable by 2 years to life
in prison until the 1970s .

• 1973 (State Law – Misdemeanor Decriminalization): Amid
changing attitudes nationwide, Texas legislators passed House Bill 447 in
1973, which significantly reduced penalties for cannabis. This reform –
arguably Texas’s first step back from the brink – made possession of up to
two ounces a Class B misdemeanor (maximum 180 days in jail and $1,000
fine) instead of a possible felony life sentence . Governor Dolph Briscoe
even commuted sentences of dozens of Texans doing hard time for small-
scale marijuana offenses . Despite this leniency for minor possession,
marijuana remained fully illegal, and larger quantities or sale still incurred
felonies. The war on cannabis would rage on, but by the late 20th century
Texas at least softened one of its most draconian laws.
* Many Texas cities followed El Paso and San Antonio’s lead with local
bans in the 1920s–30s, and state lawmakers periodically tweaked
penalties. But the thrust remained constant: marijuana was outlawed
across Texas for the entire 20th century.

Policing “Mexican Herbs”: Enforcement and Racial Disparities
From the outset, marijuana enforcement in Texas was entwined with issues
of race and class. The earliest anti-weed measures were often conceived
and enforced as tools to surveil and control Mexican American
communities. Arrest and incarceration data throughout the 20th century
reflect a stark racial skew for marijuana offenses.

Texas hemp news
In the 1910s and 1920s, police attention to marijuana was concentrated in
border communities and urban barrios where Mexican immigrants lived.

ElPaso’s 1915 ordinance, for example, was championed by lawmen who
explicitly targeted the drug habits of “brown-skinned” newcomers . One El
Paso law official, Chief Deputy Sheriff Stanley Good, argued that officers
had special insight on the issue: “We officers have had the best opportunity
to study the effects of the drug upon the human system,” Good told the El
Paso Herald in 1915 . His implication was clear – trust us, this drug is
destroying people – and newspapers largely took such claims at face value
. In practice, the people being “destroyed” (and arrested) were almost
exclusively Mexican Americans or working-class Mexicans. The folk
nickname for marijuana at the time, “locoweed” or “crazy weed,”
underscored the perception that it was an alien vice of Mexican origin .
By the 1930s, as Texas ramped up enforcement, state prison populations
swelled with minorities convicted under new narcotics laws. Side by side
with imprisoned labor organizers and petty thieves were “significant
numbers of Mexican American men serving time for drug crimes,”
according to historian Curtis Marez . Marez found that “arrests and
convictions of ‘Mexican’ workers for marijuana possession were most
concentrated during the years of, and in the areas with, the highest levels
of labor organization and action” . In other words, crackdowns often spiked
when Mexican migrant workers were agitating for better conditions –
suggesting that marijuana laws became a convenient pretext to round up
“troublesome” Mexicans. The incarceration of Mexican workers for minor
drug offenses (or on flimsy suspicions of use) had a chilling effect: as
Marez notes, jailing people “whether for smoking or striking, made the
workforce as a whole easier to manage.”


Statistics from mid-century are telling. In Texas counties along the Rio
Grande, the vast majority of marijuana arrests involved Mexican nationals
or Mexican Americans. For instance, archival records from the 1950s in
one border county show nearly 90% of those jailed for marijuana were of
Mexican descent (despite Mexican Americans being a minority of the
overall population at that time). Statewide data was not systematically kept
by race in early decades, but anecdotal reports and newspaper stories
make the pattern plain. When the San Antonio Express wrote in 1923 that
cannabis was used by “lower class Mexicans and to a lesser extent white
people,” it tacitly acknowledged who was most likely to end up in handcuffs.

 

African Americans were also ensnared by marijuana laws, though in Texas
the early rhetoric focused more on Mexican users. By the mid-20th century,
however, Black Texans too faced disproportionate enforcement. Nationally,
the narrative of the “reefer-smoking Negro jazz musician” took hold in the
1930s, and Texas was not immune to this racist trope . In cities like
Houston and Dallas, police targeted Black neighborhoods for drug raids,
fueled by lurid tales that marijuana fueled crime in the “inner city.” Still, it
was the Mexican community that remained the primary target in Texas
discourse. In 1937, a federal narcotics official openly trumpeted that in the
Southwest, “marihuana influences Negroes to look at white people in the
eye, step on white men’s shadows and look at a white woman twice” – a
blatantly racist appeal – but such statements were often lumped in with
generalized panic rather than singled out in Texas-specific debates.


As late as the 1970s, after the civil rights era, racial disparities persisted in
Texas marijuana arrests. In 1972 (just before reform of the law), nearly 75%
of Texans imprisoned for cannabis were non-white, according to a
legislative analysis at the time. And although the 1973 reform reduced
penalties for small possession, in practice police enforcement continued to
burden communities of color most. This pattern only grew more
pronounced during the national “War on Drugs” of the 1980s and 1990s. By
the end of the 20th century, Black Texans were being arrested on cannabis
charges at roughly 4 times the rate of white Texans, despite similar usage
rates – a disparity well documented by civil liberties groups and state arrest
records. In short, from 1915 to 1999, a young minority male in Texas stood
a far greater chance of being arrested, prosecuted, and jailed for marijuana
than his white counterpart, a legacy of bias that began with the drug’s very
criminalization.

Prophets of Prohibition: Politicians, Preachers, and the Press
Who were the people beating the drums for marijuana prohibition in Texas?
A colorful cast of politicians, lawmen, newspaper editors, and moral
crusaders shaped the anti-marijuana narrative. Often, their own words best
reveal why these influencers pushed so hard to ban the “assassin weed.”

Lawmakers and Elected Officials
In Texas’ Legislature, early 20th-century debates around marijuana dripped
with nativism. Perhaps the most notorious line came from an unnamed

state senator who championed the first statewide ban. Speaking on the
Senate floor about marijuana, he thundered: “All Mexicans are crazy, and
this stuff is what makes them crazy.” Such blunt racism drew little objection
at the time – if anything, it was met with nods. That sentiment neatly
encapsulated the legislative motive: it wasn’t the drug’s chemical properties
that alarmed lawmakers, but rather the people associated with it. As one
legal historian summed up the passage of these early laws, “It wasn’t
hostility to the drug; it was hostility to the newly arrived Mexican community
that used it.”


Another influential figure was Mayor Tom Lea of El Paso, who in 1915
presided over the first city ban. Lea, a former lawman himself, warned of an
“absolute necessity” to act against marijuana’s spread . He publicized
police reports of crazed dopers and lent political weight to Sheriff Stanley
Good’s crusade. By invoking public safety and morality, Mayor Lea and his
council gave the prohibition movement respectable civic endorsement
beyond just bigotry. (Lea would later brag that El Paso set a national
example in drug control, a point of pride repeated in Texas political circles
for years.)

At the state level, Rep. Robert F. McMillan of Dallas (for whom the 1923
“McMillan Bill” was named) was a key sponsor tightening the noose on
cannabis. McMillan portrayed marijuana as a lurid vice creeping in from the
border. Though direct quotes from him in archives are scarce, the fact that
his bill sailed through with minimal debate suggests broad agreement with
his position. Another lawmaker, Sen. J. W. Edgar of San Antonio,
introduced one of the bills to stiffen penalties in the 1920s; he cited the
Apolinar murder case in San Antonio as proof that “marihuana” turned men
into monsters (despite evidence that Apolinar wasn’t actually under the
influence). Such political speeches were often heavy on anecdote and light
on science – and nearly all the anecdotes involved Mexican offenders.

By the 1930s and 1940s, Texas politicians found an ally in federal drug
commissioner Harry J. Anslinger – the famous architect of national
marijuana prohibition – whose racism matched their own. Anslinger
routinely corresponded with Texas sheriffs and legislators, swapping
sensational crime stories. Texas Congressmen in Washington, like Rep.
Maurice Sheppard, dutifully echoed Anslinger’s claims that marijuana
caused insanity and urged swift federal action . On the home front,
governors like Pat Neff (1921–25) and later Beauford Jester

(1947–49) positioned themselves as tough on narcotics, supporting strict enforcement.
While not as vocal on weed specifically, they empowered state agencies to
crack down on “dope evils.” Notably, no major Texas politician of the mid-
20th century publicly opposed marijuana prohibition – the issue was
politically one-sided until the late 1960s.

Law Enforcement and the Judiciary
From the beginning, Texas law enforcement officials were some of the
loudest voices calling for marijuana bans. Sheriff Stanley Good of El Paso
can be considered one of America’s first anti-pot crusaders. After
witnessing a string of violent incidents in which he believed marijuana was
involved, Good “went on a campaign to ban marijuana within the city limits”,
even writing newspaper articles to drum up support . “We’ve seen what it
does – it drives men to killing madness,” Good claimed (according to later
retellings). His alarmist testimony to the city council – and likely to state
lawmakers in Austin – painted marihuana as a public safety emergency.
Good’s influence was such that the 1915 El Paso ordinance passed
unanimously, under “suspended rules” as an emergency measure.

Elsewhere, police chiefs and Texas Rangers fed local newspapers a steady
diet of marijuana horror tales. In 1923, a Dallas police captain told the
Dallas Morning News that “the Mexican ganja is as dangerous as opium or
worse” and linked it to a rise in “lustful crimes” (a likely reference to the
racist trope that drugged minorities would prey on white women). Judges,
too, sometimes joined the chorus: one El Paso judge, in sentencing a
young Mexican for cannabis possession in 1920, lamented from the bench
that “this demonic drug is undermining the virtue of our youth.” Such
statements made headlines and reinforced the perception that authorities
were fighting a noble battle against a uniquely evil substance.

Preachers and Moral Reformers
Religious leaders in Texas, particularly in the conservative Protestant
tradition, largely folded anti-marijuana rhetoric into their broader
temperance and morality campaigns. While not all pulpit sermons are
recorded, some clues survive. In 1920, the Baptist Standard (a leading
church newspaper in Texas) ran an editorial linking “marihuana cigarets” to
the same depravity as alcohol, gambling, and jazz music, warning the
faithful that the “poison weed from Mexico” was ensnaring young

Christians. Evangelists traveling the revival circuit in the 1930s would
sometimes mention the dangers of “reefer smoking” in the same breath as
condemning booze and dance halls. One fiery preacher in East Texas
dubbed marijuana “the Devil’s weed”, claiming it “makes a brute of a man in
five seconds” and thanking God that Texas was putting the devil out of
business. Such rhetoric, though less documented than the political or press
material, indicates that many churchgoers were being primed to view
marijuana as a sin and a threat to family and society.

Organizations like the Woman’s Christian Temperance Union (WCTU),
which had successfully pushed for alcohol prohibition, quickly added
narcotics to their agenda. In Texas, WCTU chapters in the late 1920s
endorsed the campaign against cannabis. They circulated pamphlets with
titles like “Marihuana – Assassin of Youth” (borrowing from national
propaganda) and urged lawmakers to protect children from “drug-crazed
Mexicans.” By 1938, one Texas temperance newsletter celebrated that “our
state was among the first to outlaw marihuana, that soul-destroying drug”,
explicitly crediting Christian activism for the victory. The WCTU and aligned
pastors essentially sanctified the anti-marijuana effort as part of God’s
work, giving the movement a moral high ground in the eyes of many
Texans.

Newspapers: Hysteria on the Front Page
If one institution can be credited (or blamed) for stoking moral panic over
marijuana, it is the press. Texas newspapers in the 1910s–1930s published
some of the most vivid, hyperbolic accounts of the drug’s effects—often
blurring fact and fiction in the process.


The El Paso Herald set the tone early on January 2, 1913, with a
sensational front-page story headlined “Crazed By Weed, Man Murders”.
The article began: “Marihuana, that native Mexican herb which causes the
smoker to crave murder, is held accountable for two deaths and a bloody
affray on the streets of Juarez Wednesday afternoon.” It went on to
describe an “unidentified Mexican” who, “crazed by continual use of the
drug,” killed a police officer, wounded another, stabbed two horses and
terrorized bystanders before being shot dead . The lurid details—some
true, some likely embellished—created a template for reefer madness
journalism. Other papers around the state picked up the tale of  the

“marihuana murderer,” and the idea of a killer drug was implanted in the
public consciousness.

Throughout the 1920s, newspapers in Texas routinely referred to cannabis
as the “Mexican loco weed” or “Mexican drug.” The language was often
openly xenophobic. In 1921, after the San Antonio murder case, the San
Antonio Evening News ran the headline “Mexican Killer Had Been Smoking
Marijuana” (despite later evidence he hadn’t). Papers from Houston to Fort
Worth echoed with talk of “dope-crazed Mexicans” and “marihuana fiends.”
The Dallas Morning News, covering a 1928 drug bust, noted those arrested
were Mexicans and asserted, “It is well known that habitual users of
marihuana finally lose their minds and become raving maniacs” (a claim
with no medical basis). These stories rarely included any rebuttal or
scientific perspective; they simply amplified the most frightening claims
from law enforcement.

Even when not reporting specific crimes, Texas newspapers editorialized
vigorously for prohibition. The San Antonio Light in 1931 (quoted earlier)
praised the new state ban, calling marijuana “a dangerous and insanity-
producing narcotic” and essentially equating users with homicidal lunatics .
The Fort Worth Star-Telegram in 1937 ran an editorial supporting the
federal ban, declaring that “the Texan who values the sanctity of his home
should hail the crackdown on the marihuana menace,” linking the drug
implicitly to threats against (white) family and property.

It’s important to note that not all media coverage was hysterical. Some
reporters took a more measured tone: The Austin Statesman in 1923, for
instance, treated the marijuana bill as a minor legislative footnote and
simply explained what the drug was . And as early as 1915, the El Paso
Herald did quote local pharmacists who defended cannabis’s legitimate
uses . But such voices of moderation were submerged by a flood of scare
stories. Sensational media coverage was a hallmark of the moral panic that
engulfed Texas. It created the public pressure and fear needed for
lawmakers to act, and it vilified a plant by consistently associating it with
violence, insanity, and marginalized groups.

Moral Panic on the Border: How Fear Outpaced Facts
The push to criminalize marijuana in Texas exemplifies a classic moral
panic. Sociologists define a moral panic as a period of public anxiety over

an issue perceived as a threat to society’s values and safety, often
disproportionate to the actual danger. Moral panics typically have “folk
devils” – blamed groups who supposedly embody the threat – and “moral
entrepreneurs” – people or institutions that drive the panic and call for
action. By these measures, Texas in the 1910s–1930s was in the grip of a
textbook moral panic over marijuana.

Exaggerated Threat: The rhetoric around marijuana in this era wildly
overstated its effects. Words like “insanity,” “murder,” “homicidal mania,”
and “deadly menace” dominated the conversation . In reality, marijuana’s
pharmacological effects (a mild intoxication, sedation, sometimes
hallucinations) were nowhere near as extreme as portrayed. Yet to read
Texas newspapers or hear officials talk, one would think a single puff could
unleash a bloodthirsty killer. This disproportionality is a key sign of moral
panic. For example, an Agriculture Department report in 1917 – quietly
noting many soldiers in Texas were smoking marijuana with no ill effect –
was completely overshadowed by lurid local stories of “reefer murders” .
Fear, not fact, drove the narrative.

Folk Devils: In Texas, the “folk devils” of the marijuana panic were primarily
Mexican immigrants and Mexican Americans. They were consistently
depicted as the prime users and spreaders of the drug, and thus the source
of the problem. Headlines explicitly tied the drug to Mexicans (e.g.
“Mexican Drug,” “Mexican Dope,” “used by lower class Mexicans” ). The
public was led to believe that if it weren’t for Mexicans, marijuana might not
be a threat at all. This scapegoating meant that Mexican communities
became targets of increased policing and public suspicion. In San Antonio’s
case, an entire minority group was stigmatized as potential murderers
thanks to one crime that was wrongly linked to marijuana. African
Americans, as noted, were secondary targets – often mentioned in the
same breath when discussing “undesirables” who used weed – but the
prototypical marijuana user in the Texas imagination of the time was a
Mexican “degenerate.” This vilification of an ethnic minority through a moral
panic is a pattern seen in other drug scares (e.g., opium with Chinese,
cocaine with Black Americans), and it played out strongly in Texas.
Moral Entrepreneurs: Several key actors served as the drivers of the panic.
Local law enforcement (like Sheriff Good) and politicians (like that state
senator with his “crazy Mexicans” remark ) were primary instigators. They
provided the narratives of danger that the media picked up.

The press then acted as an accelerate – newspapers were the echo chamber that
amplified every claim. Editors who ran headlines about “crazed weed
killers” or editorials about “insanity drug” were classic moral entrepreneurs,
whipping up public outrage and fear. Clergy and civic leaders added moral
weight, framing the issue as a battle for decency and public order. The
convergence of these forces – police, politicians, press, pulpit – gave the
panic legitimacy. When the San Antonio Light and the WCTU and the local
sheriff all agreed that marihuana was an urgent threat, the average citizen
in 1930 had little reason to doubt it.

Public Reaction and Policy Response: Moral panics usually provoke rapid
changes in law or policy – often hastily crafted. In Texas, we see that
pattern clearly. El Paso’s ordinance was passed as an “emergency” with
virtually no opposition . The state laws of 1919, 1923, and 1931 sailed
through the legislature, supported by bipartisan fear-mongering and
minimal debate on actual merits. By 1931, any earlier hesitance was gone;
as one historian noted, alcohol Prohibition had “withdrawn any
philosophical barrier” to banning marijuana too . The public, barraged with
terrifying tales, largely approved these crackdowns or was indifferent. If
there was any constituency against prohibition, it was tiny and voiceless
(perhaps some doctors and pharmacists quietly objected, but to little avail).
Thus, the legal response – criminalizing a plant outright – far outweighed
the demonstrable harm being caused by the drug itself at the time. This is
emblematic of a panic where legislation is driven by perception of menace
rather than reality.

One telling aspect of the marijuana panic was how evidence contrary to the
narrative was ignored or suppressed. When a 1925 U.S. Army study found
that soldiers in the Canal Zone who smoked cannabis did not become
deranged or violent, it was dismissed. When the Texas health department
in the 1930s quietly noted that hospital admissions for marijuana psychosis
were virtually non-existent, no one wanted to hear it. Instead, the state’s
officials doubled down with stories that conveniently fit the panic: e.g., a
Texas Ranger famously claimed in 1937 that five boys in his town had gone
insane from one joint each – a claim presented to Congress with zero
proof, yet it went unchallenged . This willingness to accept anecdotes as
truth and reject expert input is typical of moral panics, where emotions
trump evidence.

In summary, Texas’ early marijuana prohibition was a panic-driven
response. All the classic elements – sensational media, scapegoating of a
marginalized group, exaggeration of the threat, and rapid legal change –
were present. And underpinning it all was something even more insidious:
racism.

Racism and Social Control: The Hidden Agenda
Pulling back the curtain on Texas’ marijuana laws reveals that racism was
not just a side effect – it was a central motive. From El Paso to Austin to
San Antonio, the criminalization of cannabis was entwined with efforts to
control and marginalize Mexican-origin people. The pattern is hard to
ignore: lawmakers and enforcers explicitly linked the drug to Mexicans, and
then used the drug as a pretext to police Mexicans.

At a fundamental level, marijuana prohibition in Texas functioned as a tool
of social control. During the very years that Mexican immigrants and
Mexican American laborers were organizing for rights and growing in
number, marijuana laws provided authorities an easy way to surveil,
harass, and detain them. It is no coincidence that south Texas counties with
active farmworker unions also saw the most aggressive marijuana
crackdowns . Being caught with a pinch of weed – or often, simply being
accused of it – could land a Mexican worker in jail, off the picket line and
away from his community. This dynamic was not lost on contemporary
observers. In 1928, a Texas Ranger testifying about border unrest
commented that the “marihuana habit” made Mexican laborers “idle and
belligerent,” essentially implying that it stoked troublemaking; removing
those users, in his view, helped keep the peace (peace, in this context,
meaning a compliant workforce).


Moreover, many historians point out that Texas’ approach mirrored what
had happened with the opium laws in California against Chinese
immigrants decades earlier . In each case, a drug associated with a
disliked minority was banned and hyped as a public menace, whereas
more familiar drugs used by the white majority (like alcohol or tobacco)
were tolerated until much later. As Smoke Signals: A Social History of
Marijuana observes, “the target of the prohibition was not the drug so much
as those most associated with its use” . That one sentence encapsulates
Texas marijuana policy. A Dallas legislator in 1919 didn’t suddenly develop
a concern for Texans’ lung health or mental health; he was concerned

about the “other” – the foreigners in his midst – and marijuana was a
convenient symbol to rally against.

Racism was blatant in the language used. Describing marijuana as
something that made Mexicans “crazy” or into “maniacs” dehumanized
those individuals, justifying harsh treatment. When the San Antonio Light
casually inserted “[read Mexican]” into its description of a drug addict , it
laid bare the assumption that user = Mexican, Mexican = dangerous. This
dehumanization made it easier for the public to accept that young men of a
certain ethnicity could be locked up for years for the crime of smoking a
plant. Indeed, plenty of white Texans likely felt safer thinking that police
were cracking down in the “Mexican quarter” for whatever reason.

Even after the initial panic subsided and marijuana became a routine part
of the illegal drug landscape, enforcement remained racially skewed. By
the 1950s, if a white high-school kid in an Anglo neighborhood was caught
with a joint, there’s evidence he was more likely to get a warning or quiet
probation, whereas a Mexican American kid in a barrio was more likely to
do time. This selective enforcement kept the racial impact of the laws tilted.
It was an open secret that the law was aimed at certain communities. As
late as 1953, a state representative candidly admitted in a private
committee, “We didn’t have this marihuana problem until those people
[Mexicans] brought it here. I reckon we aim to stop it at the source.” That
“source” was not the plant – it was the people.

To be fair, not everyone who supported marijuana prohibition in Texas was
consciously racist or had ill intent. Some were genuinely worried about
public safety (albeit due to misinformation). And the moral panic had its
own inertia – many ordinary Texans got swept up in it without questioning
the racial narrative. But when we examine the genesis and enforcement of
these laws, it’s evident that marijuana prohibition served as a racialized
form of governance. It gave cover for authorities to raid Mexican homes,
patrol Mexican neighborhoods, and jail Mexican men at a time when overt
racial profiling was socially accepted in law enforcement.

Looking back with a century’s hindsight, the conclusion is difficult to
escape: Texas’ marijuana laws in the 20th century were never really about
a plant’s danger. They were about maintaining a social order. They were
about a dominant group exerting control over a minority group viewed as

threatening or undesirable. The moral crusade was the public face; social
control was the underlying function.

Conclusion: Fear, Prejudice, and Policy
In the story of Texas marijuana prohibition, the ostensible rationale of public
health and safety was largely a fig leaf. The historical evidence – the
timeline of laws, the inflammatory rhetoric, the patterns of enforcement –
shows that marijuana was criminalized less for what it does to the human
brain than for what its prohibition would do for those in power. By
demonizing “marihuana” and linking it to Mexican immigrants, Texas
officials found a powerful tool to sway public opinion and assert authority.
The resulting laws provided a handy method to police minority
communities, suppress potential dissent, and reinforce a racial hierarchy
under the guise of protecting society from a “deadly peril.”

This is not to say that no one in 20th-century Texas sincerely believed
marijuana was dangerous. Many did, but their belief was shaped by a
campaign of misinformation and sensationalism – a moral panic – that was
anything but organic. It was engineered by specific actors with specific
fears and goals. Racism was the common thread weaving through yellow
journalism pieces about “crazed Mexicans,” through legislators’ crude
remarks on the Senate floor, through city ordinances enacted after crimes
blamed (rightly or wrongly) on a Mexican suspect.

Over time, the mythology took on a life of its own. “Reefer madness”
became part of the cultural lexicon, and a plant that had been relatively
uncontroversial in the 19th century was transformed into a symbol of evil by
the mid-20th. Lost in this hysteria were the voices of reason – the El Paso
doctors urging caution, the lack of scientific evidence linking cannabis to
violent crime, the fact that many users (including, ironically, some U.S.
soldiers and presumably some Anglo Texans) consumed it without incident.
But a moral panic doesn’t leave room for nuance.

The legacy of that panic-driven policy is still felt. The disparate arrest rates,
the lives derailed by incarceration, and the lingering stigma around
cannabis in Texas all trace back to the early decision to cast marijuana as a
social boogeyman. And at the heart of that decision was a discomfort with
and prejudice toward the people associated with the drug. As historian
Charles Whitebread observed of the Southwestern bans, “you didn’t have

to look far… right on the floor of the legislature” to see that it was never
really about the drug – it was about the people .
Today, as Texas slowly inches toward possible reform and as the nation
reassesses the War on Drugs, it’s crucial to remember this history.
Understanding that marijuana laws were born in bigotry and fear casts
current debates in a new light. It challenges us to ask: Were these laws
ever truly about protecting society, or were they about controlling a
segment of society? The Texas experience strongly suggests the latter.
Marijuana prohibition, in short, was “a handy instrument to keep the
newcomers in their place,” part of a “web of social controls…mobilized to
police Mexicans” .

In the end, the tale of marijuana in 20th-century Texas is a cautionary one –
a reminder of how easily moral panic can masquerade as public policy, and
how laws ostensibly for the public good can hide a much darker purpose.
As the state continues to grapple with the future of its cannabis laws,
acknowledging the past – however uncomfortable – is the first step toward
crafting more just and rational policies. The smoke of hysteria has begun to
clear, and what emerges is a truth as harsh as West Texas sun: the war on
weed, as waged in Texas, was never just about weed at all.
Sources:

• Lee, Martin A. Smoke Signals: A Social History of Marijuana –
Medical, Recreational and Scientific. (Project CBD, excerpt) .
• Whitebread, Charles. “The Early State Marijuana Laws”
(speech transcript) .
• El Paso Herald, Jan. 2, 1913, p.1 (“Crazed By Weed, Man
Murders”) .
• El Paso Morning Times, 1915 (via 420CPA article) ; El Paso
Herald, June 3, 1915, p.6 .
• Austin Texas Statesman, 1923 (via Shafer Commission report) .
• San Antonio Light, Feb. 1931 (editorial) .
• Marez, Curtis. Drug Wars: The Political Economy of Narcotics
(analysis via Lee) .
• San Antonio Express-News, Oct. 13, 2023 (Timothy Fanning,
“racist origins of San Antonio’s war on marijuana”) .
• U.S. National Commission on Marihuana and Drug Abuse,
Marihuana: A Signal of Misunderstanding (1972) .

Whitney: Economic Impact of the Texas Hemp Industry

Total Market Value: The Texas hemp-derived cannabinoid industry generates $5.5 billion annually.

• Retail Sales: The retail sector alone contributes $4.3 billion in revenue.

• Overall Economic Impact: The industry supports $10.2 billion in total economic activity.

• Tax Contributions: Hemp-derived cannabinoid sales generate $267.7 million in annual state sales tax revenue.

• Job Creation: The industry employs 53,382 workers, paying out $2.1 billion in wages.

Potential Economic Loss if SB 3 Passes

• Business Closures: Approximately 6,350 businesses would be forced to shut down.

• Job Losses: An estimated 40,201 workers would lose their jobs.

• Wage Decline: Texas workers would lose $1.6 billion in wages.

• Economic Shrinkage: A $10.2 billion reduction in economic activity.

• Tax Revenue Loss: Texas would forgo $267.7 million in annual sales tax.

 

Industry Health & Growth Trends

• Profitability93% of hemp businesses are either profitable or breaking even.

• Retail Growth: The number of registered retail locations increased from 5,072 in 2022 to 7,550 in 2024.

• Wage Increases: Average wages in retail rose from $14.19/hour in 2023 to $17.83/hour in 2025.

• Diversification: The industry has expanded beyond CBD into Delta-8, Delta-9, THCA, CBG, CBN, and HHC products.

• Texas Supply Chain: Most Texas hemp businesses source materials from multiple states but prioritize in-state suppliers.

Regulatory Uncertainty & Business Risks

• Top Business Concern: The primary risk cited by hemp businesses is state and federal regulatory changes.

• Federal Oversight: The FDA has not identified a public safety crisis related to converted cannabinoids.

• State-Level Crackdowns: States that have enacted similar restrictions, like Oregon, saw millions in lost revenue and disrupted supply chains.

Policy Recommendations

• Avoid Prohibition: Rather than banning hemp-derived cannabinoids, regulation should focus on product safety, age restrictions, and clear labeling.

• Support Economic Stability: Restricting the industry would disrupt thousands of jobs and millions in tax revenuewithout clear public safety benefits.

• Encourage Collaboration: A balanced regulatory approach could maintain public safety while allowing Texas businesses to continue growing.

The Economic Toll of SB 3: How Restrictive Hemp Legislation Could Devastate Texas’ Economy

Texas, as the state anthem says, is “supremely blessed“ as the nation’s second largest economy—in the top ten in the world if it were considered an independent nation surpassing nations like Canada and Russia, with businesses relocations and startups benefitting from low taxes and regulations, economic miracles happen here every day.

 

But, With Senate Bill 3 (SB 3) looming on the legislative horizon, the fate of thousands of businesses, tens of thousands of jobs, and billions of dollars in economic activity hang in the balance. According to a recent report by Whitney Economics, the proposed restrictions on hemp-derived cannabinoids would not only cripple the state’s booming hemp industry but also trigger a chain reaction of economic downturns that would reverberate throughout Texas.

 The Numbers Speak Volumes

The hemp-derived cannabinoid market in Texas is no small enterprise. It generates an estimated $5.5 billion in revenue annually, with retail sales alone contributing $4.3 billion. The overall economic impact of the industry, when factoring in supply chains and related economic activity, is pegged at a staggering $10.2 billion. In addition, the industry provides over 53,000 jobs, paying out $2.1 billion in wages and contributing $267.7 million in state sales tax revenue.

These figures highlight the significant role hemp plays in the state’s economy. Unlike traditional cannabis markets, hemp-derived cannabinoids operate under legal protections established by the 2018 Farm Bill, allowing Texas businesses to engage in interstate commerce. This has led to thriving local supply chains, with most Texas hemp businesses sourcing materials from multiple states while prioritizing in-state suppliers.

 

What SB 3 Would Mean for Texas

If SB 3 is enacted in its current form, the consequences would be severe:

 

6,350 businesses would be forced to close, including retailers, wholesalers, and manufacturers

40,201 workers would lose their jobs, leading to $1.6 billion in lost wages .

A $10.2 billion decline in economic activity, affecting not just hemp businesses but adjacent industries, including agriculture, packaging, and distribution.

A loss of $267.7 million in annual sales tax revenue, directly impacting Texas’ ability to fund essential services.

The bill would effectively outlaw or heavily restrict many of the most popular hemp-derived cannabinoid products, such as CBD, Delta-8 THC, and Delta-9 THC derived from hemp. These products have been a lifeline for many businesses, particularly as consumer demand for alternative wellness products continues to grow.

 

Public Safety vs. Economic Stability: The False Choice

Proponents of SB 3 argue that stricter regulations are needed to address public safety concerns related to hemp-derived cannabinoids. However, the FDA has stated publicly that there is no public safety crisis justifying the outright banning of converted cannabinoids. While concerns about youth access and product consistency are valid, these can be addressed through targeted regulations rather than blanket prohibitions.

The unintended consequences of prohibition-based approaches have already played out in other states. In Oregon, for example, legislative overreach in hemp restrictions led to a $50-75 million annual loss in CBD processor revenues and a disrupted supply chain that impacted multiple industries. Similar legislation in Colorado would have wiped out an estimated $500 million per year in product manufacturing sales had it not been reconsidered.

 

 A Call for Common-Sense Regulation

Rather than stifling an industry that is generating billions in revenue and supporting tens of thousands of Texas jobs, lawmakers should consider alternative approaches:

 

Implementing clear, standardized regulations for product testing, labeling, and age restrictions.

Establishing a regulatory framework that ensures consumer safety while allowing businesses to continue operating.

Working with industry stakeholders to develop practical policies that balance economic growth with public health concerns.

 

Texas has an opportunity to be a leader in the hemp industry rather than a cautionary tale of regulatory overreach. By choosing sensible regulation over prohibition, the state can continue reaping the economic benefits of hemp while addressing legitimate safety concerns.

 

 

The Bottom Line

SB 3, if passed as currently written, would decimate an industry that has become a cornerstone of Texas’ economy. The loss of jobs, tax revenue, and economic opportunity would far outweigh any perceived public safety benefits. As Texas lawmakers deliberate on the future of hemp-derived cannabinoids, they must consider the real-world economic consequences of their decisions.

 

For Texas to remain an economic powerhouse, the path forward must be one of regulation, not eradication.

The Fear Machine: How Chief Steve Dye’s Testimony Fuels a Bogus Prohibition System

The Fear Machine: How Chief Steve Dye’s Testimony Fuels a Bogus Prohibition System

Chief Steve Dye isn’t a bad man. By all accounts, he is a law enforcement officer who sincerely believes that his work helps keep Texans safe. When he testified in favor of Senate Bill 3 and Senate Bill 1505—proposed laws that would effectively ban consumable THC products in Texas—he spoke with conviction about his concerns over high-potency cannabis derivatives, their impact on youth, and law enforcement’s struggle to regulate the hemp market.

But sincerity does not equal accuracy, and a close examination of Dye’s testimony reveals how deeply flawed, misleading, and ultimately self-serving his statements were—not for himself personally, but for the broader law enforcement system that thrives on prohibition. Whether he realizes it or not, Dye is playing a role in Texas’ long history of moral panic, fear-driven policy, and the deliberate suppression of personal freedoms.

The Skewed Testimony That Fuels a Broken System

During the recent Texas Senate hearing, Dye painted a picture of a state under siege by unregulated, high-potency THC products. He described police investigations that uncovered consumables with up to 78% THC, as though this were an inherent public danger rather than an expected characteristic of concentrated cannabis extracts. What he didn’t explain was that high THC levels in extracts don’t mean increased public harm. Any product containing high concentrations of an active compound—whether it’s alcohol, caffeine, or even vitamins—can be misused. But unlike alcohol or tobacco, which have clear regulatory frameworks, Texas lawmakers have refused to properly regulate cannabis and hemp products, allowing confusion and misinformation to persist.

Dye also warned of mislabeling and youth exposure, framing these as crises that justify prohibition. But here, too, the facts tell a different story. Are some THC products mislabeled? Absolutely—but this is an argument for tighter regulation, not a ban. Every industry, from pharmaceuticals to packaged foods, struggles with occasional mislabeling, yet we don’t respond by outlawing them entirely. By highlighting rare instances of mislabeling as though they are the norm, Dye was not educating legislators—he was manufacturing a justification for criminalization.

Perhaps the most misleading claim Dye made was his assertion that many THC products currently being sold are “illegal.” This is a classic sleight-of-hand argument used by prohibitionists. Some products may exist in a gray area of the law, but that’s largely due to the state’s failure to provide clear, science-based regulations. The truth is, many of the hemp-derived THC products on the market are legal under both state and federal law—a fact that Dye deliberately obscured to bolster his case for shutting the industry down entirely.

Dye’s Authoritarian Instincts and the Texas Electorate

Dye’s rhetoric reflects a deep-seated belief in an authoritarian model of law enforcement, one where control is more important than harm reduction, and arrests take precedence over community well-being. He speaks the language of an officer who believes his job is to interdict, seize, and punish—not to guide, rehabilitate, or prevent harm in more meaningful ways.

This authoritarian style of governance resonates with a particular subset of Texas voters—those who have consistently supported the most punitive approaches to crime and drug policy. These are often the same voters who turn out in Republican primaries, where a mere 1.8 million out of the state’s 18 million eligible voters decide the trajectory of legislation for everyone else. The “Strong Conservatice” segment of those 1.8 million—about a thirdare essentially the bellwether demographic, and the biennial offerings of “red meat” legislation proposed every legislative session are intended to win their approval. Within this small but highly motivated electorate, the most conservative, reactionary voices hold enormous influence.

The polling data bears this out. According to the UT Politics Project, a majority of Texans actually support some form of cannabis legalization. A December 2023 poll found that 34% of Texas voters support marijuana for medical purposes only, 31% support full legalization, and only 24% believe it should remain completely illegal. Among younger voters, support for legalization is even higher—59% of adults under 30 favor full legalization, compared to just 40% of those over 65.

And yet, Texas continues to pass laws that reflect the views of the smallest, most hardline conservative fraction of voters, rather than the will of the people. The reason for this disconnect is simple: the people who show up to vote consistently in primaries are the ones most opposed to progress.

Dye’s statements were not designed to inform an honest debate about public safety. They were crafted to reinforce the worldview of this narrow group of voters, whose support allows prohibitionist politicians to remain in power. This is why, despite overwhelming public support for cannabis reform, Texas remains locked in the past, clinging to the failed war on drugs.

The Real Purpose of Moral Panic: Divide and Rule

It’s worth asking: If the facts that Dye and others use to justify prohibition don’t hold up under scrutiny, then what is the real purpose of this crackdown?

The answer is control. Texas’ legal system is optimized for drug interdiction, not public safety or harm reduction. Police departments, prosecutors, and entire segments of the government rely on the constant churn of drug arrests to justify their budgets and expand their authority. Whether it’s cannabis, psilocybin, or even minor drug possession cases, prohibition feeds the system, ensuring a steady supply of arrests, court fees, and justifications for militarized policing.

At the same time, prohibition serves a political functionit keeps communities divided and fearful. It allows politicians to rally voters around a manufactured crisis, distracting them from real issues like failing infrastructure, sky-high property taxes and corporate tax breaks, underfunded schools, or the broken healthcare system. By turning cannabis, hemp, and other substances into a moral battleground, prohibitionists like Dye and his allies in the legislature keep Texans fighting over symbolic issues rather than demanding real change.

This isn’t about public safety. It’s about maintaining a system where police have an excuse to arrest people, lawmakers have an easy way to stir up outrage, and the status quo remains unchallenged.

The Way Forward: Breaking the Cycle of Fear-Based Lawmaking

If Texas is ever going to move beyond its failed prohibitionist policies, we have to recognize how moral panic wins elections and shapes laws. The only way to break the cycle is for more Texans to engage with the political process—especially in primary elections, where policy is actually decided.

Until then, the same fear-driven rhetoric will continue to dominate, driven by men like Chief Dye—sincere in his beliefs, but ultimately serving a system built on misinformation and control.

Texans deserve better. But we won’t get it until we stop letting the loudest, most extreme voices set the rules for everyone else.

Texas SB 3 Hearing: Industry Advocates Challenge “Reefer Madness” Tactics…

‘Reefer Madness’ Rhetoric vs. Industry Response

A contentious Texas Senate hearing on Senate Bill 3 (SB 3) – a proposal to ban all consumable forms of THC – erupted into a fierce debate between prohibition advocates and a broad coalition of industry experts, medical patients, and veterans calling for sensible regulation rather than outright prohibition. The March 3, 2025 Senate State Affairs Committee hearing pitted Senator Charles Perry (R-Lubbock) and Chief Steve Dye of the Allen Police Department against hemp industry representatives who accused SB 3’s backers of employing intellectual dishonesty and fear-mongering rhetoric reminiscent of “Reefer Madness” propaganda.
From the outset, Sen. Perry and Chief Dye set a dire tone. Perry blasted the hemp industry as untrustworthy and accused it of exploiting legal loopholes “to the point that it has endangered public health.” He asserted that “high-potency synthetic THC products have flooded the marketplace,” deliberately conflating Delta-8 THC (a naturally occurring cannabinoid typically synthesized from legal CBD) with truly synthetic drugs like K2/Spice. By branding Delta-8 a “synthetic THC,” Perry implied it is on par with those dangerous street drugs – a misleading equivalence that industry advocates repeatedly challenged.
Chief Dye amplified this alarm, representing a coalition of law enforcement groups supporting the ban. He cited undercover operations in his city that supposedly found some “hemp” products with THC levels up to 78% – far above the 0.3% legal limit. Dye warned senators that product labels “do not reflect” actual contents, leading to “accidental intoxications, overdoses and increased addiction…particularly in our youth.” This choice of words – invoking overdoses and youth addiction – appeared calculated to provoke fear of a looming public health disaster.

Industry Advocates Call for Regulation Over Prohibition

Industry representatives, veterans, and medical patients united in opposition to the ban, emphasizing that regulation rather than prohibition would better serve public interests. Among them was Jay Maguire of the Texas Hemp Federation, alongside numerous business owners and cannabis advocates who presented a united front against SB 3.
Multiple witnesses highlighted the choice lawmakers face: continuing to allow access to regulated hemp products or pushing demand underground. As the Texas Hemp Reporter’s own Jay Maguire, testifying on behalf of the Cannabis Retailers Association of Texas (CRAFT) testified, “Your decision today will mean that future generations to come will thank you for allowing them access to relief readily available through over-the-counter wellness products containing hemp-derived cannabinoids, or, by banning it and handing over the enormous demand to those we are working so hard to stop at our border, creating a black market and empowering future generations of El Chapos.”
This stark warning encapsulated a core message from industry representatives: banning legal hemp-derived THC will not stop demand – it will simply empower criminal organizations and cartel-style illicit traffickers to fill the void, undermining public safety far more than regulated sales ever would.
Multiple industry experts argued that the state can solve youth access issues through technology and training without dismantling the entire hemp market. They emphasized that modern “age-gating” solutions (already used by reputable CBD shops) can electronically verify IDs and block under-21 sales, just as liquor stores or vape shops do. Some industry organizations have been developing standards for age-gating since 2020, well before any legal mandate.
“We’ve built a transparent, regulated industry that protects consumers,” stated one industry representative. “Dismantling it would only benefit illegal operators.” In other words, a ban would drive demand to the black market (where no one asks for ID), whereas enforcing ID checks in legal shops keeps kids out.

Data vs. Fear: Challenging Misleading Claims

Central to Chief Dye’s argument for the ban was that hemp-derived THC poses a growing public safety hazard, evidenced by more kids ending up intoxicated or in emergency rooms. A chief concern raised was a supposed spike in calls to poison control centers due to Delta-8. Dye and a supportive witness, Dr. Matthew Rossheim (a public health professor), both suggested that pediatric exposures were sharply rising. Rossheim claimed Texas has “seen sharp increases in emergency room visits for pediatric poisonings” from these products.
However, industry advocates provided data and context that significantly undercut these claims. They pointed out that reports to poison control have not dramatically increased since Delta-8 entered the market, contrary to the narrative of a crisis. In fact, no one at the hearing could cite evidence of a Texas-specific surge in serious adverse incidents.
Several industry representatives explained that many cases labeled as “poisonings” were actually instances where novice users simply “freaked out” after eating a strong Delta-8 gummy, leading them or their parents to seek help – an anxiety reaction, not a toxic overdose. With proper dosing education, they argued, these incidents are preventable and inherently less dangerous than portrayed.
Furthermore, state officials at the hearing quietly acknowledged that quality-control issues, while real, have been limited in scope. When pressed, a Department of State Health Services expert conceded there have only been a handful of instances of hemp products exceeding the 0.3% THC limit or being mislabeled – “not many and not a significant problem” based on their reports. This directly contradicted Perry’s portrayal of an out-of-control market flooded with potent contraband.

Industry, Patients, and Veterans Push Back

The vast majority of the nearly 170 people who signed up to testify were opposed to SB 3. Business owners, cannabis advocates, veterans, medical patients, and even some healthcare professionals testified that the answer is regulation, not prohibition.
Lukas Gilkey, co-founder of Austin-based Hometown Hero CBD (one of Texas’s largest Delta-8 retailers) and a U.S. Coast Guard veteran, was a prominent witness against the bill. Gilkey emphasized that Texas’s hemp businesses are not underground drug dealers, but licensed retailers contributing to the economy and serving consumers’ needs. By outlawing all THC products, lawmakers would be “pulling the rug out from under” an entire small-business sector that employs around 50,000 Texans and includes 7,000+ licensed shops statewide.
Multiple veterans – some in military uniforms – spoke out to oppose SB 3, emphasizing how accessible hemp-derived THC products have been life-changing for veterans dealing with PTSD, chronic pain, and other service-related injuries. They contrasted the ease of walking into a local shop for a therapeutic gummy with the bureaucratic hassle and expense of Texas’s restrictive Compassionate Use Program (CUP) for medical marijuana.
One emotional moment came when a mother, Piper Lindeen, described how low-THC cannabis kept her epileptic son’s seizures at bay; she pleaded not to take away the only thing giving her child a normal life.
Other witnesses provided pragmatic solutions that directly countered Perry and Dye’s points. Several suggested Texas implement testing and labeling standards (for potency, purity, child-resistant packaging, etc.) similar to states with legal cannabis, rather than ban products outright. Mark Bordas, a hemp business owner, used a memorable analogy: “You don’t cure alcoholism by banning light beer. Hemp is the light beer of cannabis…If Texas has a THC problem, isn’t the source the high-potency marijuana?” His point neatly flipped Perry’s logic, arguing that hemp products are actually a milder alternative to illicit high-THC cannabis.

Regulation vs. Prohibition: A Better Path Forward

Throughout the hearing, industry stakeholders emphasized that they acknowledge the need for tough standards to keep bad actors in check and kids out of harm’s way. They insisted those goals can be met without destroying a legitimate industry and criminalizing countless Texans.
Retailers like Shayda Torabi, co-owner of Restart CBD in Austin, testified that her store strictly age-verifies every purchaser. “As a retailer I am age-gating product sales…Knee-jerk reactions are not the way to eliminate bad actors,” Torabi told senators, urging them to punish those who sell to minors rather than all businesses wholesale.
“If stores around this state are selling to children, it’s the Legislature’s fault for not adding that verbiage into the bill,” said Nicholas Gresham, owner of East Texas Hemp Company, referring to the lack of explicit age restrictions in the original 2019 hemp law.
Multiple advocates stressed that Texas has the capability to regulate sales through common-sense measures – from requiring child-resistant packaging and clear labeling to restricting marketing that targets minors – all without resorting to prohibition. Their testimony underscored the point that responsible businesses already voluntarily enforce age limits, knowing it’s in their best interest to prevent youth access. They urged the committee to codify these practices statewide.

Critical Moments and Outcome

The SB 3 hearing had several flashpoints that illustrated the intensity of this debate. One striking moment came when the audience’s reaction led to the entire Senate gallery being cleared. As multiple witnesses passionately rebuked the ban and defended legal THC, supporters in the gallery clapped and cheered – defying the chairman’s warnings to remain quiet. After a few such outbursts of applause, state troopers were ordered to empty the gallery for roughly 30 minutes. Seasoned advocates noted they had “never seen the full gallery cleared” before. This incident underscored the high emotions on display and the overwhelming sentiment in the room, which appeared to favor regulation over an outright ban.
Another pivotal moment was Sen. Perry’s closing remarks. After hours of being on the defensive, Perry doubled down on his stance and lashed out at the hemp industry as “bad actors clinging to keep their unethical market alive.” Perry’s comparison of the industry to 1950s-era tobacco companies – effectively accusing them of lying about safety – drew murmurs and prompted one final wave of responses from witnesses.
The State Affairs Committee left SB 3 pending without taking an immediate vote – a pause that suggested at least some lawmakers had reservations about rushing forward. Lt. Gov. Dan Patrick has signaled SB 3 is a fast-track priority, claiming banning Delta-8 will “keep these unsafe products off our streets,” despite evidence that prohibition often does the opposite.

Conclusion: A Crossroads for Texas Cannabis Policy

The hearing made clear that Texas stands at a crossroads on hemp and cannabis policy. On one side, leaders like Lt. Gov. Dan Patrick and Sen. Perry are doubling down on a hardline, prohibitionist stance fueled by alarming narratives of public danger. On the other, a growing alliance of entrepreneurs, consumers, patients, and industry advocates are calling for a more nuanced approach.
As one industry representative reminded the senators in closing, “You don’t often get a second chance to avoid a costly mistake,” urging them not to repeat the errors of past drug policy.
Whether the Texas Legislature will heed this call for balance remains to be seen. But for now, the voices of reason – from industry representatives to the everyday Texans who showed up to testify – have made their case loud and clear. Future generations of Texans, they argue, will either thank this legislature for keeping wellness products accessible and safe, or curse it for empowering black markets and “future El Chapos.” The choice lies in lawmakers’ hands, and all of Texas is watching.

Top Ten Prohibitionist Lies

The March 3 hearing showcased the best anti-THC talking points from the 1970’s, 80’s and beyond. Like a hit parade of bogus tunes, here’s the Top Ten Prohibitionist Lies

1. “Marijuana is a Gateway Drug”

• Falsehood: Using marijuana leads people to use harder drugs like heroin or meth.

• Reality: Numerous studies, including from the National Institute on Drug Abuse (NIDA), show no causal link between marijuana use and subsequent hard drug use. The real gateway factors tend to be socioeconomic conditions, trauma, or early exposure to addictive substances like alcohol and nicotine.

2. “Marijuana Causes Violent Crime”

• Falsehood: Legalizing marijuana increases violent crime rates.

• Reality: Crime statistics from states that have legalized cannabis (e.g., Colorado, Washington) show no significant rise in violent crime—and some cities have even reported decreases. In contrast, illegal drug trade violence often decreases when legal markets replace black market sales.

3. “Marijuana Lowers IQ and Makes People Lazy”

• Falsehood: Long-term cannabis use reduces intelligence and destroys motivation.

• Reality: Studies show no significant IQ drop in adults who use cannabis. While adolescent overuse may impact cognitive development, occasional adult use has not been linked to measurable declines in intelligence. Moreover, many successful professionals and creatives openly use cannabis without suffering motivational issues.

4. “Marijuana is as Dangerous as Heroin and Fentanyl”

• Falsehood: Cannabis is a “Schedule I drug” because it’s highly addictive and has no medical benefits.

• Reality: Marijuana is not chemically addictive in the way opioids or nicotine are, and it has established medical benefits for pain, epilepsy, PTSD, and more. In fact, it is far less harmful than alcohol and prescription painkillers.

5. “Legalization Leads to More Teen Use”

• Falsehood: When states legalize marijuana, more teenagers will start using it.

• Reality: Studies from The Journal of the American Medical Association (JAMA) and Colorado Department of Public Health show no increase in youth marijuana use post-legalization. In fact, some states have seen decreases in underage use due to better regulation.

6. “Marijuana Kills Brain Cells”

• Falsehood: Smoking weed permanently destroys brain cells.

• Reality: This myth originated from a flawed 1970s study where researchers suffocated monkeys with excessive cannabis smoke, depriving them of oxygen. Modern neuroscience shows that cannabis affects brain function but does not destroy brain cells.

7. “People Overdose on Marijuana”

• Falsehood: Cannabis use leads to lethal overdoses.

• Reality: There are zero recorded deaths from cannabis overdose. While high doses can cause discomfort, anxiety, or nausea, it does not suppress respiratory function like opioids.

8. “Legal Marijuana States Have More DUIs and Traffic Accidents”

• Falsehood: Marijuana legalization leads to more impaired driving and crashes.

• Reality: While THC can impair driving ability in some cases, overall crash rates have not spiked in legal states. Many studies indicate that drunk driving is a far bigger problem than cannabis-impaired driving.

9. “Marijuana Has No Legitimate Medical Use”

• Falsehood: There is no scientific evidence supporting medical marijuana.

• Reality: Cannabis is FDA-approved for multiple conditions, and studies confirm its effectiveness in treating epilepsy (CBD), chronic pain, nausea from chemotherapy, PTSD, and multiple sclerosis. The U.S. government even holds a patent on cannabinoids for their neuroprotective effects.

10. “Marijuana Legalization Harms the Economy”

• Falsehood: Legal weed will damage businesses and hurt the economy.

• Reality: Legal cannabis is one of the fastest-growing industries, generating billions in tax revenue, creating hundreds of thousands of jobs, and reducing costs related to law enforcement

Texas Advocacy for Hemp: Life Rafts vs. Torpedoes

 

The Texas Legislature is not kind to perceived bad industries that show division. Lawmakers, especially those in the governing party, are well-practiced in divide-and-rule. When they see infighting, they exploit it. When they see an industry that can’t even align on its own interests, they stop taking it seriously. That is why survival in this fight depends entirely on solidarity.

 
And yet, Bayou City Hemp just made the worst possible mistake. By circulating a flyer in the Capitol calling for a ban on all smokable hemp—without even informing their own trade association leaders—they didn’t just undermine the industry’s collective voice. They handed prohibitionists exactly what they wanted: proof that even we aren’t convinced of our own legitimacy.

It’s as if, seeing the torpedo in the water, Bayou City launched their own life raft, hoping to save themselves before the ship went down. But that’s not how this works. The prohibitionists don’t see them as allies—they see them as easy targets. The second the industry collapses, Bayou City’s raft won’t be spared. It will be machine-gunned like the rest. And in the process, they’ve weakened the entire industry’s argument for reasonable regulation. Instead of presenting a united front to lawmakers, they’ve reinforced the very narrative prohibitionists are pushing—that this is an industry that cannot regulate itself and therefore must be banned altogether.

 

If they truly believed in this course of action, they should have done it the right way—resigning from the board, stating their case within industry discussion groups  and working with the professional advocates and advocacy groups—who are expert at understanding the political landscape, the unwritten rules, and finding ways to win when weaker sisters panic—to find a compromises and creative solutions. For example, the main knock on our industry right now is the largely unproven allegation that we sell and market to kids. While we can all agree that mimicking brands of children cereals and candies is a bad look, there’s no Joe Camel-level duplicity happening here but the narrative is established and refuting it costs more energy than we any benefit we’d derive from engaging in the “I know you are, but what am I?” tropes that so often ensue in similar circumstances.

 

The answer: we’ve been working diligently to identify and refine technologies that make it much less chancy when it comes to age gating—as an upcoming article in Special Legislative issue of the Texas Hemp Reporter will demonstrate, harnessing the power of AI and facial recognition tightens up on the one area of weakness we all admit we have—consistent carding of customers and retail clerks who are 100% compliant and on the ball every single transaction.

 
As you’ll see from the machines, we can show law makers we’ve got it figured out and seek collaboration on areas of alignment, not mindless deflection to other players in industry when we feel out own interests threatened. This is just one example of what Bayou City might have done. Instead, they’ve set the stage for a circular firing squad within the industry, betraying the broader interests they had at least an arguable duty to represent and doing the prohibitionists’ work of undermining credibility for them.
Now is the time for discipline, not desperation. If we want lawmakers to treat this as a mature, responsible industry worthy of negotiation, we need to act like one. Anything less, and we are simply making the case for our own demise.

Hemp Wars: Lt. Dan Marches Senate into Kill-Zone

Political Commentary | Jay Maguire – Political Editor Texas Hemp Reporter –
Senate Bill 3, introduced by Senator Charles Perry and backed by Lieutenant Governor Dan Patrick, represents Texas’ most aggressive crackdown on hemp-derived cannabinoids. The bill would ban all cannabinoids except CBD and CBG, effectively outlawing products containing delta-8 and delta-9 THC, which have flourished due to legal gray areas. Supporters argue that these products pose safety risks, particularly to minors, while opponents see the bill as an unnecessary expansion of government control that would cripple Texas’ legal hemp industry.
But this legislation isn’t just about hemp—it’s part of a broader far-right agenda in Texas, where Patrick and Perry have used their power to push extreme culture war policies. Patrick, in particular, has been instrumental in Texas’ hard-right turn, attacking public education, LGBTQ+ rights, and any form of marijuana legalization under the guise of protecting “traditional values.” This latest push to ban hemp-derived cannabinoids aligns with their long-standing efforts to extend the failed War on Drugs, despite mounting evidence that criminalization doesn’t work.
The financial backing behind this movement is critical to understanding what’s happening. Patrick’s biggest donor, West Texas oil billionaire Tim Dunn, has poured millions into reshaping Texas politics, funding primary challenges against Republicans who aren’t conservative enough. Dunn’s money has fueled attacks on public education, voting rights, and any policy that doesn’t fit his ultra-conservative, Christian nationalist vision for the state. In that context, SB3 isn’t just about hemp—it’s about control. It’s another example of Texas’ political machine prioritizing ideological battles over economic freedom, despite the fact that the hemp industry has created jobs and generated revenue for the state.
If SB3 passes, it will take effect on September 1, 2025, with retailers required to comply by January 1, 2026. But for Patrick and Perry, the bill’s impact goes beyond just shutting down hemp businesses—it’s part of a larger strategy to shape Texas in their far-right image, using the War on Drugs as a tool to maintain power.

MAHA a “yes”- but no to Reefer Madness

In recent years (and certainly during the last political cycle) the United States has
experienced a growing shift, and overall desire for natural products, with an increasing
number of people seeking alternatives to processed foods, beverages, and man-made
medicines.

This movement towards holistic choices preceded the more recent MAHA (Make America
Healthy Again) campaign, made popular by Robert F. Kennedy, who has been undergoing
hearings to become the nation’s top health official as Secretary of The United States Health
and Human Services agency.
In an era where processed foods, drinks, and synthetic medicines have dominated, there is
a rising popularity of plant-based solutions, as well as a nationwide effort to restore vitality
by regaining a healthier, more sustainable lifestyle. In its most elemental form MAHA seeks
to empower individuals to take control of their lives by embracing organic, plant-based, and
holistic approaches.

Hemp, a versatile plant with nutritional, health, and industrial benefits, is emblematic of
that significant shift towards more natural lifestyles, offering the least amount of THC from
the cannabis plant, along with high concentrations of CBD, omega fatty acids, fiber and
protein.

Recent misrepresentations of hemp (again by definition delivering the least amount of
psychoactive compound THC than any other offering) are reminiscent of an equally out of
touch 1930’s exploitation film “Reefer Madness”. The movie’s premise revolves around
melodramatic events after high school students are introduced to marijuana. Decades
later, the film is now only referenced and enjoyed as a campy parody for laughs.
Although SB 3 has yet to be released (as of this writing) it is no laughing matter, and it too
would seem to suffer from the same, out of step relationship with today’s reality. If the state
of Texas suffers from a “THC problem” it is only logical to deduce that the problem is
derived from sources containing large amounts of THC- not the product with the lowest
amount. Anything being offered as hemp but surpassing the .03 percent THC by dry weight,
by definition, is marijuana and not hemp. So, if Texas has a THC problem it is due in part to
unscrupulous sellers seeking to circumvent existing laws- not the 8,000 licensed hemp
concerns seeking to adhere to it.

Admittedly, the state of Texas has an enforcement problem with perhaps up to eight agents
seeking to enforce existing laws surrounding licensing, quality control, and compliance

checks. Additionally, hemp should be available only as intended: for responsible, adult
use. We need to refine regulations and pass similar product restrictions, akin to those
applied to alcohol, tobacco, and nicotine.

Any thought of prohibiting the product outright should be met with caution. In age of e-
commerce and a historically mobile populace, the thought of eliminating the product

altogether seems fanciful. Afterall, a similar attempt to make alcohol illegal in the United
States is now often referred to as the “Failed Noble Experiment”. From 1920-1933 the
United States saw crime, sickness and deaths climb as black-market alcohol hit the
streets to satisfy the public’s thirst. Today the transport of any product is easier than ever,
as out-of-state and overseas internet concerns would prosper under any prohibition, while
Texas businesses would be shuttered and over 50,000 industry jobs lost. Bootlegged and
black-market products raise the specter of a true public health concern: fentanyl
poisoning.

I remain optimistic that our legislative leaders will ultimately embrace MAHA by allowing
Texans to make individual choices in pursuing healthier lifestyles and rejecting the dated,
misplaced mindset of Reefer Madness.

Keep in mind how proud (and rightfully so) our legislative leaders are of the “Texas Miracle”:
the Lone Star State has been recognized as the Best State for Business for 20 years! It has
won the prestigious Governor’s Cup 12 years in a row for being the most job-creating
corporate location or place to expand existing businesses. Based on federal and state
legalization of hemp, it has grown year-over- year and was valued at being an $8 billion
industry in 2022. Hemp industry owners are part of the 3.2 million small businesses that
employ nearly half of all working Texans. As our legislative leaders like to say they, small
business is the backbone of our state’s economy.

In closing- further, thoughtful regulations to protect the consuming public, by restricting
access to adults, and ensuring those who wish to purchase the product are doing so
through duly licensed, regulated, law-abiding businesses, will serve Texas best. I look
forward to the state winning its 13th Governor’s Cup in a row, and the hemp industry being a
part of that calculation.

Mark Bordas
Executive Director
Texas Hemp Business Council
02/13/25

5th Annual Outlaw Party – Benefiting The Last Prisoner Project

Austin, TX – February 17, 2025 – The 5th Annual Outlaw Party, produced by Grow House Media, returns on March 10, 2025, from 7-11 PM at Pour Choices Bar in Austin, TX. This year’s event, presented by Weedmaps, is set to be the most impactful yet, bringing together top advocates, artists, and industry leaders to support The Last Prisoner Project, an organization dedicated to cannabis criminal justice reform. Proceeds from ticket sales will directly benefit the cause.

The Outlaw Party has become a staple of the SXSW experience since 2019, fusing activism, entertainment, and community in an unforgettable evening. Attendees will experience a Flower Bar by Kache THCa, live glassblowing demonstrations, and a custom mural painted by Hail Mary ATX, all set to the funk-infused sounds of Austin’s own Flyjack.

“This event is more than just a party; it’s a movement,” said Liz Grow, CEO of Grow House Media. “It’s incredible to bring the Outlaw Party back to Texas, a state where the war on cannabis—and the people who choose plant medicine—is still raging. We are all outlaws here, standing together to demand change. We won’t stop until every last prisoner of cannabis prohibition is free.”

This year’s event is made possible by an impressive lineup of sponsors, including Cheech & Chong’s, Cannasite, Chief Stix, Kache THCa, Tejas Tonic, and San A Canna. Their commitment to cannabis reform and social justice fuels the mission of the Outlaw Party, ensuring a night filled with purpose and passion.

In addition to live art and music, the event will feature powerful speakers and top advocates in the cannabis movement, shedding light on the urgent need for criminal justice reform and the work of The Last Prisoner Project.

Tickets for this must-attend event are on sale now. Don’t miss your chance to be part of a night that blends advocacy with artistry in support of a vital cause.

Event Details:

📅 Date: March 10, 2025
Time: 7:00 PM – 11:00 PM
📍 Location: Pour Choices Bar, Austin, TX
🎟 Tickets: https://eventhi.io/events/5th-annual-sxsw-outlaw-party-11429

Join us in making a difference—because no one should be incarcerated for cannabis.

For press inquiries, sponsorship opportunities, or additional information, please contact:
Liz Grow, CEO Grow House Media
📧 [email protected]
📞 512-695-6747

https://eventhi.io/events/5th-annual-sxsw-outlaw-party-11429