AUSTIN, Texas — Texas Lt. Gov. Dan Patrick is launching a legislative initiative to ban all consumable THC in Texas, his office announced Wednesday evening.
The lieutenant governor is backing Senate Bill 3 in the upcoming legislative session to ban all forms of the psychoactive substance, the predominant chemical in marijuana that gets people high.
The push comes after House Bill 1325, which was passed in 2019, established Texas Health and Safety Code Chapter 443. It allows for the commerce of consumable hemp products across the state that do not exceed 0.3% delta-9 THC.
That law has led to the sale of hemp-derived delta-8 THC, as well as products that contain delta-9 THC at 0.3% of the total weight, which can still be an intoxicating amount at a high ratio.
“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible,” Patrick said. “These stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC. Since 2023, thousands of stores selling hazardous THC products have popped up in communities across the state, and many sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased from a drug dealer.”
Senate Bill 3, which will be sponsored by State Sen. Charles Perry (R-Lubbock), would ban those products.
“We are not going to allow these retailers to circumvent the law and put Texans’ lives in danger,” Patrick said.
The lieutenant governor said he believes the bill will have “broad bipartisan support” in the Senate and is encouraging the House to pass the bill. He also clarified on Thursday that the bill will not impact the state's Compassionate Use Program and will ensure Texans needing to utilize that program will "have access to safe, doctor-prescribed medication."
An outright ban on delta-8 and other THC products in Texas, House Bill 2593, failed to pass during the 87th Legislature in 2021 after the provision was stricken from the legislation. Another bill that would have outlawed delta-8 THC, HB 3948, also died in the Legislature after an agreement could not be reached on amendments between the Texas House and Senate versions.
During committee testimony on that bill, the Texas Department of State Health Services (DSHS) said it believed "delta-8 remains on the Schedule 1 drug schedule in Texas," raising questions if it was already illegal in the state.
The DSHS can take enforcement action against hemp licensees who sell consumable hemp products containing controlled substances; however, the DSHS does not regulate possession.