The bill banning THC will not make it out of this special session, Lt. Gov. Dan Patrick announced Wednesday.

"After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution," Patrick said in a social media post.

Senate Bill 6 proposed a comprehensive ban on products containing any trace amounts of cannabinoids other than cannabidiol (CBD) and cannabigerol (CBG), the non-intoxicating compounds found in cannabis. 

Gov. Greg Abbott and Patrick have been at odds on the THC ban. While the Senate supports the ban on THC products, Abbott vetoed it after the regular legislative session. 

The governor has said he wants to ban THC products for those younger than 21 but regulate the products to keep adults safe.   

During the second special session, the Senate passed its ban for a third time. The bill went to the House, and records show it was referred to the House Public Health Committee on August 20, where it sat without a hearing. 

Over the past decade, thousands of CBD shops have opened across Texas, selling cannabis products with varying levels of THC, which has a psychoactive effect.  

In a statement, the advocacy group Hemp Industry & Farmers of America said the failure of SB 6 was a "major win for Texas businesses, farmers, and consumers."

"The hemp industry remains committed to practical policies that support Texas businesses and economic prosperity — something the Legislature should remember," executive director Brian Swensen said.

Why some THC is legal in Texas 

The federal and Texas governments legalized hemp in 2018 and 2019, respectively, with agricultural uses in mind. The laws differentiated hemp from illegal forms of cannabis by defining it as having 0.3% "delta-9 tetrahydrocannabinol" 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, but have similar psychoactive effects to delta-9. 

Cannabis companies jumped on the loophole, providing Texas retailers with products containing the unregulated THC compounds. 

The bill was a top priority for Patrick during the legislative session in Austin. He claimed that the stores selling THC products were targeting adults and children, and were putting Texans in danger. 

Senate Bill 3 passed the House 87-54, mostly along party lines. The Senate passed the final version 25-6. 

What is the difference between THC and CBD?

Tetrahydrocannabinol (THC) and its sibling, cannabidiol (CBD), are produced by the same cannabis plant and have similar chemical structures but differ dramatically in their mechanisms of action and effects on brain functions, according to the National Institutes of Health. 

THC and CBD both have therapeutic properties; however, impairments and increased incidence of mental health diseases are associated with acute and chronic THC use, according to the NIH. 

NIH also said there are significant side effects associated with chronic use of high-dose CBD.