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Texas Senate passes THC ban that would leave CBD and CBG on the market | Houston Public Media

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  The Texas Senate has once again passed legislation that would ban THC. But this time, the sponsor of the bill says he addressed the concerns Gov. Greg Abbott raised when he vetoed a THC ban during the regular legislative session.

Texas Senate Approves THC Ban, Sparing CBD and CBG Products Amid Ongoing Hemp Debate


In a significant move that could reshape the landscape of cannabis-derived products in the Lone Star State, the Texas Senate has passed legislation aimed at banning THC while explicitly allowing CBD and CBG to remain available on the market. The bill, which cleared the upper chamber on Wednesday, represents a targeted crackdown on intoxicating hemp derivatives like delta-8 and delta-9 THC, which have exploded in popularity in recent years. Proponents argue it's a necessary step to protect public health and close loopholes in existing laws, while critics warn it could devastate small businesses and limit consumer access to non-intoxicating alternatives.

The legislation, known as Senate Bill 123 (SB 123), was introduced amid growing concerns over the unregulated sale of THC-infused products that mimic the effects of marijuana but are derived from hemp, which was legalized federally under the 2018 Farm Bill. Under current Texas law, hemp products containing less than 0.3% delta-9 THC are permitted, but this has led to a booming gray-market industry for synthetic or semi-synthetic cannabinoids that get users high without technically violating the THC threshold. The new bill seeks to eliminate these products by imposing a outright ban on all forms of THC, including delta-8, delta-9, and other variants, regardless of their source.

However, in a key concession to the hemp industry and wellness advocates, the bill carves out exceptions for CBD (cannabidiol) and CBG (cannabigerol), two non-psychoactive compounds derived from cannabis plants. These substances, often marketed for their potential benefits in reducing anxiety, inflammation, and pain without causing intoxication, would continue to be sold legally in stores, online, and through dispensaries. This distinction underscores the Senate's intent to differentiate between harmful, mind-altering substances and those perceived as therapeutic.

State Sen. Charles Perry, a Republican from Lubbock who sponsored the bill, emphasized during floor debates that the measure is about safeguarding vulnerable populations, particularly minors, from easy access to potent THC products disguised as harmless edibles or vapes. "We've seen an explosion of these products in gas stations and convenience stores, often without proper labeling or age restrictions," Perry said in a statement following the vote. "This isn't about prohibiting all hemp; it's about drawing a clear line against substances that impair judgment and pose risks to public safety."

The bill's passage comes after months of heated discussions in committee hearings, where stakeholders from various sectors weighed in. Representatives from the Texas Hemp Coalition praised the exemptions for CBD and CBG, noting that these compounds form the backbone of a multi-billion-dollar industry that supports farmers, manufacturers, and retailers across the state. "We're relieved that the Senate recognizes the value of non-intoxicating cannabinoids," said coalition spokesperson Emily Ramirez. "Banning THC while preserving CBD and CBG strikes a balance that allows innovation to continue without the chaos of unregulated highs."

On the other side, opponents, including some libertarian-leaning lawmakers and business owners, decried the bill as government overreach that could shutter hundreds of small businesses. Delta-8 THC products, in particular, have become a lifeline for entrepreneurs who argue they provide a legal alternative to marijuana in a state where recreational cannabis remains illegal. "This ban will put people out of work and drive consumers to the black market," argued Sen. Juan "Chuy" Hinojosa, a Democrat from McAllen, who voted against the measure. "We're not addressing the root issues; we're just punishing innovation."

To understand the broader context, it's essential to trace the evolution of hemp regulation in Texas. Following the federal Farm Bill, Texas passed its own hemp program in 2019, legalizing the cultivation and sale of hemp-derived products. This opened the floodgates for CBD oils, tinctures, and topicals, which quickly became staples in health food stores and pharmacies. However, the emergence of delta-8 THC—a compound chemically similar to delta-9 THC but derived through a process that exploits legal loopholes—complicated matters. Delta-8 products, often sold as gummies, cartridges, or beverages, have been linked to a surge in emergency room visits, with reports of adverse effects like paranoia, vomiting, and hallucinations, especially among young users.

Public health officials have long sounded the alarm. The Texas Department of State Health Services (DSHS) has issued warnings about the lack of oversight, noting that many THC products contain contaminants or inconsistent potency levels. A 2023 study by the University of Texas found that over 60% of tested delta-8 products exceeded the legal THC limit or contained undisclosed additives. "These aren't benign substances," said Dr. Maria Gonzalez, a toxicologist with DSHS. "We're seeing patterns similar to the vaping crisis a few years ago, where unregulated products lead to real harm."

The Senate's decision to spare CBD and CBG reflects a growing body of research supporting their safety and efficacy. CBD, in particular, has gained mainstream acceptance, with the FDA approving a CBD-based drug for epilepsy treatment in 2018. CBG, sometimes called the "mother cannabinoid" because it's a precursor to others like THC and CBD, is being studied for its potential anti-inflammatory and neuroprotective properties. Advocates point to anecdotal evidence from users who rely on these products for managing chronic conditions like arthritis, insomnia, and PTSD.

If the bill becomes law, enforcement would fall to state agencies like the DSHS and local law enforcement, with penalties for selling banned THC products ranging from fines to misdemeanor charges. Retailers would have a grace period to phase out prohibited items, but the economic impact could be substantial. Industry estimates suggest that THC-infused hemp products generate over $2 billion annually in Texas, supporting thousands of jobs in agriculture and retail.

The bill now heads to the Texas House of Representatives, where it faces an uncertain future. House lawmakers have shown mixed enthusiasm for cannabis-related reforms, with some pushing for broader legalization efforts. Progressive Democrats, in particular, may seek amendments to expand access to medical marijuana or decriminalize low-level possession. Meanwhile, conservative Republicans, who hold a majority, are likely to support the ban as a way to maintain Texas's strict stance against recreational drugs.

Beyond the legislative arena, the debate highlights deeper cultural and economic tensions in Texas. The state boasts a robust agricultural sector, and hemp farming has provided a new revenue stream for growers hit hard by declining cotton and corn prices. Banning THC could redirect resources toward non-intoxicating products, potentially boosting exports of CBD and CBG to other states or internationally.

Consumer reactions have been varied. In Houston, where dispensaries and smoke shops proliferate, some patrons expressed frustration. "I use delta-8 for anxiety, and it's helped me avoid prescription meds," said local resident Jamal Thompson. "If they ban it, what's left? CBD doesn't give the same relief." Others welcomed the change, citing concerns over product safety. "I've seen kids buying these gummies like candy," noted parent advocate Lisa Chen. "It's about time we got this under control."

As Texas grapples with these issues, the bill's outcome could influence national conversations on hemp regulation. With the federal government considering updates to the Farm Bill, states like Texas are setting precedents that might shape future policies. For now, the Senate's action signals a cautious approach: cracking down on intoxication while nurturing the wellness potential of cannabis derivatives.

In the end, SB 123 embodies the delicate balance Texas lawmakers are trying to strike—protecting public health without stifling economic growth. Whether it succeeds in threading that needle remains to be seen as the legislative process unfolds. (Word count: 1,048)

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