Proposed THC ban draws crowds to Austin, casting uncertainty over Texas' booming cannabis industry
A crowd of hundreds came to hear arguments over a proposed THC ban Tuesday, forcing a committee meeting to relocate testimony to the main Texas Senate chamber. More than 170 people signed up to speak, and disruptions from the gallery at one point prompted senators to clear the room of spectators.
"We've got to get the genie back in the bottle," said Sen. Charles Perry, who authored the legislative bill SB3.
Over the last decade, thousands of CBD shops have opened across Texas, selling cannabis products with varying levels of THC, which has a psychoactive effect. When federal (The Hemp Farming Act of 2018) and state (House Bill 1325 in 2019) laws legalized hemp with agricultural uses in mind, they differentiated it from illegal forms of cannabis by defining it as having 0.3% "delta-9 tetrahydrocannabinol" (THC) or less. The laws didn't explicitly cap other forms of THC, like delta-8 and delta-10, which aren't naturally found in large quantities.
Cannabis companies jumped on the loophole, providing Texas retailers with products containing the alternate THC compounds.
"If they're really honest, they'll tell you without the THC in the product, they can't be profitable," said Perry, acknowledging his proposed ban could force many shops to close.
"We really need to eradicate that loophole to make sure that these illegal products are not being sold," said Allen Police Chief Steve Dye. Marijuana on the market today, he says, is stronger and more addictive than ever. Last year, we took you inside his department's undercover investigation, where police say they found products with THC levels as high as 78%.
"I hear from community members over and over again that they're not happy with these shops," he said.
John Burk, the owner of Shell Shock CBD in Richardson, says that's not a true reflection of what the public wants.
"Texans don't want this. Let us be. Let combat veterans be. If we want to have a blunt, it's no different than having an old fashioned and kicking back," said Burk, who was in Austin to testify. He says veterans like himself use THC in lieu of more addictive opioids.
"How many people have died from THC? None. How many people have died from alcohol, tobacco, and firearms? But we don't ban those!" he said.
Agreeing with him is Dallas City Council Member Adam Bazaldua, who also came to speak to lawmakers on behalf of the city.
"This is a step backwards," he said of the bill. "Having a black market exacerbated by an attempt to promote prohibition has never shown us to be a successful recipe for enforcement of any drug in the history of our country."
The committee will meet again to vote on the bill, which the full Senate is expected to approve. The bill's success in the House is far less assured.