In 2021, the Senate failed trying to pass a ban on delta-8 and THC products, but now Lt. Gov. Dan Patrick says it’s his priority this session.

AUSTIN, Texas — On Monday, the Texas Senate Committee on State Affairs spent hours listening to passionate public testimony on a bill that would ban the sale of all consumable hemp products with THC.

Before the legislative session even began, Lt. Gov. Dan Patrick said banning all consumable THC in Texas is one of his top priorities.

State Sen. Charles Perry (R-Lubbock) filed Senate Bill 3.

“It’s sad that we’re here today for all the people that have participated in this stuff, not knowing exactly what the quality was,” Sen. Perry said.

How did it all start?

In 2019 Texas lawmakers passed House Bill 1325, which legalized the sale of hemp products. Under that law, those products can contain THC, the chemical in hemp that makes you high, as long as the THC levels are not more than 0.3%.

But Patrick said in the years since the law passed, thousands of stores have opened that sell products with dangerous levels of THC. He also claims that many of these products are marketed toward children.

On Monday, the chief of police from Allen and a sergeant testified, saying they found both of those statements to be true, as a result of undercover investigations they pursued.

“Recent undercover operations in Allen found THC concentration in consumables that tested up to 78%,” said Steve Dye, Allen chief of police, who testified on Monday.

In 2021, Texas lawmakers tried to pass an outright ban on delta-8 and other THC products, but it failed.

What else does SB 3 do?

SB 3 would still allow the sale of hemp products with CBD and CBG, but it would make it illegal to market or sell those consumable hemp products to minors.

Houston pediatrician Dr. Lindy McGee testified on Monday on behalf of the Texas Medical Association. She said THC use among minors is a growing epidemic across the state.

“I am seeing more and more teenagers in my practice who are using these products all day every day, and I don’t have a way to treat them,” Dr. McGee said. “This is extremely hard to treat this THC addiction.”

But other Texans testified saying THC products are their saving grace for either themselves or their families’ health.

“I am only here because I engage in what is a felony every day,” said Elizabeth Miller, a Texan. “Because I consume cannabis vaporizing it, I can’t smoke. I need THC to control my seizures to control my pain.”

Senate Bill 3 does not impact the state’s Compassionate Use Program, which allows doctors to prescribe low amounts of THC to patients with certain medical conditions.

On Monday, the committee also discussed one of Sen. Perry’s bills, which would update the state’s medical marijuana program. Senate Bill 1505 would create more satellite dispensing locations, which would make it easier for some people to access their medical marijuana.

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