Texas bill to ban products containing any detectable amount of THC moves to Senate

AUSTIN, Texas - Tuesday was the first hearing of the Texas Special Session.

Texas lawmakers discussed regulating the THC industry, which is the issue that initially brought legislators back to Austin.

What is Senate Bill 5?

Hemp products laced with THC became a multi-billion-dollar industry after Texas lawmakers passed a farm bill in 2018.

"Feels a little like Groundhog Day," said State Sen. Charles Perry (R) Lubbock.

On Tuesday, Senator Perry presented members of the Senate State Affairs Committee with his second attempt to dramatically scale back the market.

"We've literally allowed an industry to spring up underneath our feet, screaming its legal when it's not," said Perry.

SB 5 would ban products containing any detectable amount of THC. It allows items designated as CB-D and CB-G, which do not provide a high, as well as hemp seeds, hemp oil and hemp protein powder. But only people older than 21 can buy those products.

Law enforcement officers testified in support of SB 5. Chief Steve Dye with the Texas Police Chief’s Association testified that there is not enough funding to root out bad actors.

"Regulation would likely be seen as the industry as carte blanche legalization," said Chief Dye, who also leads the Allen Police Department.

The committee heard from people who claimed they were harmed by hemp products and medical professionals.

"We know that these products significantly raise the risk of psychosis, suicide attempts, and self-harm, especially in young people when underlying mental health conditions, and especially with the use of these high-doped products," said Dr. Lindy McGee a Houston Pediatrician.

Hemp advocates

The other side:

Those who oppose SB 5 claim it's based on misinformation.

"A sweeping ban like this won't make Texans safer. In fact, it'll drive consumers towards an unregulated, illicit market. In an era of fentanyl contamination, that's a deadly risk," said Hayden Meek, a Lubbock business owner.

Advocates for the hemp industry say they are willing to support a compromise.

"The industry would love to see regulations limiting sales to individuals 21 and older, child-resistant packaging, setbacks from schools, marketing limitations, and more that we've been advocating for since the last session," said Nicole D’Ortona of the Texas Hemp Business Council.

What's next:

The Committee on a 10-0 vote pushed SB 5 to the full Senate. 

Gov. Abbott's response to the debate

Governor Greg Abbott spoke with FOX 4 reporter Steven Dial and weighed in on the debate.

"So let me be clear, I stand in favor of doing all we can to protect the lives of our children while also protecting the liberty of adults. And so the structure of what I'm looking for is this, and that is, we must continue to criminalize marijuana in the state of Texas. No change in the marijuana laws. We need to ban THC as well as hemp products for children under that age. We don't want them to be. Exposed to that. We also need to ban synthetics that are laced onto hemp products that are extraordinarily dangerous. That said, after we accomplish those two things, for adults, we need to have a highly regulated hemp industry to ensure that farmers are able to grow it and that hemp products that do not have an intoxicating level of THC in them can be sold in the marketplace. For adults to be able to use," said Gov. Abbott.

Abbott's position could provide some political wiggle room, and factor into his controversial decision to add redistricting to the special session, which triggered the threat of a walk-out by state democrats.