Texas Legislators Restricted Recreational THC to Expand Access to Medical Marijuana

Texas lawmakers have made significant changes to the state’s drug policy, particularly focusing on banning tetrahydrocannabinol (THC) products. This year, Senate Bill 3 emerged as a key piece of legislation, prohibiting the possession of consumable hemp products containing synthetic cannabinoids like delta-8. Lt. Gov. Dan Patrick championed this bill, citing concerns about the impact of these substances on children.

In a move to balance the strict measures against THC, lawmakers also passed House Bill 46. This bill expands Texas’s medical marijuana program, allowing for a wider range of products and adding more qualifying conditions for patients. Both bills were seen as part of a strategy to eliminate hemp options for the general public while enhancing medical cannabis access for those in need.

While the focus was on THC, Texas quietly advanced Senate Bill 2308, which establishes a state-funded consortium to research ibogaine, a psychedelic drug. This initiative aims to explore ibogaine’s potential as a treatment for substance use disorders and various mental health issues.

However, not all drug-related proposals gained traction this year. For instance, House Bill 1644, which aimed to legalize testing strips for fentanyl and xylazine, did not progress in the Senate despite unanimous support in the House. Critics of the bill argued that testing strips could encourage drug use, while advocates believe they are essential for safety and harm reduction.

The hemp industry, which was legalized in Texas in 2019 with the hope of boosting agriculture, now faces a potential shutdown due to SB 3. This legislation could dismantle an $8 billion industry and eliminate around 50,000 jobs when it takes effect in September. Critics argue that the industry has exploited legal loopholes, leading to a surge in retailers selling THC-infused products.

Supporters of the hemp industry, including aging Texans and veterans, have spoken out about the benefits of accessible hemp products. They highlight the importance of these products for individuals with chronic conditions and mental health issues. In contrast, some parents have pushed for a ban, fearing the impact of recreational use on children.

The Texas Hemp Business Council has actively opposed the ban, delivering thousands of letters and a petition with over 120,000 signatures to Governor Abbott, urging him to veto SB 3. Abbott has until June 22 to make a decision.

On the medical marijuana front, House Bill 46 seeks to improve access by allowing more products, such as inhalers and vaping devices, and increasing the number of dispensaries from three to twelve. This expansion aims to alleviate some of the logistical challenges that have made medical cannabis expensive and difficult to access for patients across Texas.

Finally, the state is taking small steps to address the opioid crisis. While legislation to legalize fentanyl test strips has stalled, House Bill 4783 requires the Texas Health and Human Services Commission to report on the distribution of opioid overdose reversal drugs like Narcan. This report will help identify supply issues and strategize on how to better serve high-risk areas.

With these legislative changes, Texas is at a crossroads in its drug policy, balancing public health concerns with the needs of patients and the economic impact on the hemp industry.