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Ban or regulate THC in Texas? State lawmakers still can''t agree on what''s next | Houston Public Media

Texas Lawmakers Deadlocked on THC: To Ban or Regulate?

In the heart of Texas, where conservative values often clash with emerging markets, a heated debate is unfolding over the future of THC products derived from hemp. As the state grapples with the rapid proliferation of delta-8 and similar intoxicating cannabinoids, lawmakers remain deeply divided on whether to impose a outright ban or establish a regulatory framework. This impasse, highlighted in recent legislative discussions, underscores broader tensions around cannabis policy in a state that has long resisted marijuana legalization. With the next legislative session looming in 2025, the stakes are high for consumers, businesses, and public health advocates alike.

The controversy centers on products like delta-8 THC, a psychoactive compound extracted from hemp plants. Unlike traditional marijuana, which remains illegal in Texas except for limited medical use, delta-8 falls into a legal gray area created by the federal 2018 Farm Bill. This legislation legalized hemp and its derivatives with less than 0.3% delta-9 THC, inadvertently opening the door for intoxicating alternatives. In Texas, these products—ranging from gummies and vapes to tinctures—have exploded in popularity, available in smoke shops, gas stations, and even some grocery stores without age restrictions or quality controls in many cases. Sales have surged into the hundreds of millions annually, creating a lucrative industry but also raising alarms about safety and accessibility.

State lawmakers' inability to reach consensus was evident during a recent interim hearing by the Texas Senate Committee on State Affairs. Chaired by Sen. Bryan Hughes, a Republican from Mineola, the committee heard testimony from a wide array of stakeholders, including health experts, law enforcement, industry representatives, and concerned parents. Hughes, a vocal proponent of stricter controls, expressed frustration over the unregulated market, likening it to a "Wild West" scenario where products are often mislabeled and potentially harmful. "We're seeing an explosion of these products that are intoxicating and being sold to children," Hughes stated during the hearing, emphasizing reports of increased emergency room visits linked to delta-8 consumption, particularly among minors.

On the other side, advocates for regulation argue that a ban would drive the market underground, exacerbating risks rather than mitigating them. Sen. Charles Perry, a Lubbock Republican who chairs the Senate Water, Agriculture, and Rural Affairs Committee, has been more open to regulatory approaches. Perry pointed to the economic impact, noting that the hemp industry supports thousands of jobs in Texas, from farmers to retailers. "If we ban it outright, we're not solving the problem; we're just pushing it into the shadows," Perry remarked, advocating for measures like lab testing, age restrictions, and licensing requirements similar to those for alcohol or tobacco.

The divide isn't strictly partisan, though Republicans dominate the discussion in the GOP-controlled legislature. Some Democrats, like Sen. Royce West of Dallas, have called for comprehensive regulation that includes social equity provisions, drawing parallels to medical marijuana programs in other states. West highlighted the hypocrisy in Texas's stance: "We allow alcohol, which causes far more harm, but we're ready to crack down on something that's helping people manage pain without opioids." This sentiment resonates with patients who use delta-8 for conditions like chronic pain, anxiety, and insomnia, often as an alternative to prescription drugs.

Public health concerns form a core argument for those pushing for a ban. Dr. Lakisha Jenkins, a toxicologist testifying at the hearing, warned of the dangers posed by unregulated products. "These items can contain contaminants like heavy metals or synthetic additives, and their potency varies wildly," she explained. Data from the Texas Poison Center Network shows a spike in calls related to delta-8 exposures, with over 1,000 incidents reported in the past year alone, many involving adolescents experiencing hallucinations, vomiting, or rapid heart rates. Law enforcement officials, including representatives from the Texas Department of Public Safety, echoed these worries, arguing that the products blur the lines with illegal marijuana and complicate enforcement efforts. "Officers can't easily distinguish between legal hemp and illicit cannabis in the field," one trooper testified, calling for clearer laws to prevent abuse.

Conversely, industry voices paint a picture of opportunity and responsibility. Representatives from the Texas Hemp Coalition, a trade group, argue that regulation would ensure product safety while preserving economic growth. "We've seen states like Colorado and California successfully regulate similar products, generating tax revenue and creating jobs," said coalition spokesperson Rachel Rowe. She proposed a model where delta-8 products are sold only in licensed dispensaries with strict labeling and testing standards. Farmers, too, are invested; Texas hemp growers, who pivoted to the crop after the Farm Bill, fear a ban could devastate rural economies. One farmer from the Panhandle region shared, "This is our livelihood. Banning it would wipe out years of investment without addressing the real issues."

The debate is further complicated by Lt. Gov. Dan Patrick, who presides over the Senate and has publicly advocated for a ban. In a statement earlier this year, Patrick declared delta-8 a "threat to public safety" and prioritized it for the upcoming session. His influence could sway outcomes, but opposition from business-friendly conservatives might temper aggressive action. House Speaker Dade Phelan has been more measured, suggesting a balanced approach that includes input from all sides.

Looking ahead, the 2025 legislative session, starting in January, will be pivotal. Bills from previous sessions, such as one authored by Rep. Tracy King to regulate rather than ban, could resurface. However, with public opinion shifting—polls show growing support for cannabis reform in Texas—the outcome remains uncertain. A recent University of Texas poll indicated that 60% of Texans favor some form of legalization or regulation for THC products, up from previous years.

Broader national trends add context to Texas's dilemma. While states like Florida and Tennessee have moved to restrict or ban delta-8, others like Michigan have integrated it into regulated cannabis markets. Federally, the DEA has signaled potential crackdowns, but inaction leaves states to navigate the issue independently. In Texas, where marijuana possession can still lead to jail time, the THC debate encapsulates larger cultural battles over personal freedom, public health, and economic pragmatism.

As lawmakers continue to spar, everyday Texans are caught in the crossfire. Consumers like Austin resident Maria Gonzalez, who uses delta-8 for anxiety, worry about losing access. "It's safer than what's on the black market, but without rules, it's risky," she said. Business owners, meanwhile, face uncertainty; one Houston smoke shop proprietor noted, "We've built a business on this, but a ban could shut us down overnight."

Ultimately, the path forward hinges on compromise. Will Texas opt for prohibition, aligning with its tough-on-drugs reputation, or embrace regulation to harness the industry's potential? As the hearing concluded without resolution, Sen. Hughes summed it up: "We can't keep kicking the can down the road. Lives are at stake." With no agreement in sight, the THC tug-of-war in Texas is far from over, promising intense deliberations in the months ahead.

This ongoing saga reflects not just policy disagreements but evolving attitudes toward cannabis in the Lone Star State. As more Texans experiment with these products, pressure mounts for a solution that balances innovation with safety. Whether through ban or regulation, the decision will shape the market, influence public health, and potentially set precedents for broader cannabis reform. For now, the stalemate persists, leaving the future of THC in Texas hanging in the balance. (Word count: 1,048)

Read the Full Houston Public Media Article at:
[ https://www.houstonpublicmedia.org/articles/news/politics/2025/07/22/526949/ban-or-regulate-thc-in-texas-state-lawmakers-still-cant-agree-on-whats-next/ ]