THC Consumption: Senate Committee on Health & Human Services
- Griffin Saltron
- 2 hours ago
- 2 min read
Recent legislation never intended to permit the sale of highly psychoactive compounds across the state.
While Marijuana remains illegal, THC was essentially legalized in Texas via the federal government’s passage of the Agriculture Improvement Act of 2018 (sometimes called the 2018 Farm Bill and the passage of House Bill 1325 (86R, King, T.), which directed the Texas Department of Agriculture (TDA), in consultation with the Governor and Attorney General, to submit a plan satisfying federal requirements. HB 1325 tracked significant portions of the federal law verbatim. Additionally, the bill defined hemp as any part of the cannabis sativa plant having a THC concentration of not more than 0.3 percent on a dry weight basis, removed hemp from the controlled substances list, and provided that hemp is not “marihuana” for purposes of the Health and Safety Code. These provisions exempt hemp from the Texas Controlled Substances Act under both laws pertaining to controlled substances and marijuana. State and federal lawmakers never intended to create a vast illicit psychoactive substance market when they sought to create a new cash crop for farmers called “hemp.” Bad actors have continued to exploit purported loopholes in the law to sell intentionally hallucinogenic THC products.
In response to this illicit market, Texas lawmakers have debated whether to increase regulation of hemp products or to ban the substance entirely. During the 89th Regular Session, the legislature passed Senate Bill 3 (Perry), which would have rectified the issue by simply banning the sale of all consumable hemp products. This effort, however, was vetoed by the Governor, and Executive Order No. GA-56 was signed in its place. This executive order instead enhanced existing regulations with the intent to reduce potency and adolescent consumption of consumable hemp products. After months of litigation and injunctions, the executive order is now in effect; however, it is likely that major enforcement efforts may not begin until after the order passes through its “final trial in Travis County [has] been set for July 27." Until then, a variety of consumable hemp products can still be found at major retailers and small shops.
