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Tag: Texas Legislature

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.

THE GREAT DELTA-8 DEBATE

This year has been a wild ride for hemp, and cannabis in general in Texas and it’s not going to stop for a single moment.

Our 2021 year started off with a legislature that filed quite a few cannabis related bills in the House. Penalty reduction, medical cannabis, a hemp cleanup bill were the primary topics being pushed in the 87th regular session. Texas saw weak advancement on medical progress for cannabis, no penalty reduction measures signed off because of the desire to include delta-8 language, and the hemp cleanup bill failed for the exact same reason with even more debate on that delta-8 issue.

A committee hearing saw licensed hemp agencies and advocacy groups compared to cartels during hearings. Groups were visiting offices to prevent language designed to block delta-8 from inadvertently destroying the rest of the hemp market. And DSHS testified that they were under the presumption that delta-8 was illegal regardless of what the legislature did with the cleanup bill. Delta-8 was clearly all over the place and on most of the industry’s minds.

The majority of the industry moved forward after the regular session under the presumption that delta-8 avoided a death blow. Others had seen that DSHS was making their claim in the Senate committee hearing because they had held a hearing on the topic and practically nobody knew that it happened. That meeting was to review the controlled substances schedule of Texas to oppose the carved out exemptions. Their results were something that most industry talking heads and experts said, “flipped the definition of hemp on its head.”

There is definitely a problem with delta-8 in the industry and it’s not delta-8 itself that is the problem. Delta-8 is a result of failing to pass proper cannabis regulations while passing a hemp program with no cleanup bills federally or on a state level to address gaps in that program. Itself on its own is not a reason for danger. People creating products that they claim are delta-8, that are really delta-9 are an issue.

Think they aren’t? Wait until you have to be in front of a judge arguing that you were arrested for something that isn’t what is on the label and what was in the bottle is illegal in Texas, all while you can’t get a lawyer because it’s too expensive. People creating products that have byproducts in their extracts that are not conducive to healthy human living are also a problem. A CBD Oracle Lab Study article showed some Delta-8 products are 7700% over the legal delta-9 THC limit. That last sentence, google it and have your mind blown if you didn’t already know this.

Then the icing on the cake of these issues are lab results that have been falsified possibly by the product manufactures or another party down the line after lab tests were done. Products with metals in the original testing being eradicated from the lab result altogether, along with delta-9 thc being relabeled as delta-8 or completely removed from the results as well.Retailers using one lab COA for all of their products they ship and sell over the counter is another issue. A brownie should have its own COA, a gummy should have it’s own, and a tincture should have one as well that isn’t the same COA as the hemp product placed in the item. The item itself needs a COA, not just the substance infused into the product.

This still isn’t a need to remove delta-8 or any other THC isomer from the market. Removing it from the market is a knee jerk reaction, and one that shows no true thought was put into the decision. Elected officials can claim they have put lots of thought into this, but what does it mean if their thoughts are put aside for a few higher up figures, instead of representing their constituents?

What should the state of Texas do to set an example on how to wrangle this issue? Should we have labs that are audited by the state to ensure testing is done properly? Should we ensure that any product that is placed out for retail has a lab result from a Texas lab before it can be placed on shelves or sold to Texans if they have a physical location in state (we cannot do that to a product just passing through the state, as that would likely violate interstate commerce laws)? Should QR codes lead to a website presented database that is operated by the lab instead of the retailer or the wholesaler? How many counterfeit products could be weeded out of online systems and retail shelves that plan to sell to Texas residents?

This next legislative session we can expect to see varied interests coming out on all sides, including medical marijuana that are going to have input about this, and the hemp industry needs to be ready with answers and be ready to fight for their products. We are all in this together and we all need to push the industry forward together in a healthy and responsible fashion if we want this to work.