Texas Special Session: THC battle could end in Abbott, Patrick standoff

It's hard to say for sure, but early indications are we could be looking at a standoff between the governor and lieutenant governor. 

The Texas Legislature’s two choices boil down to regulation or an outright ban. 

Texas Special Session: Day 2

The Texas Senate Committee on State Affairs unanimously passed Senate Bill 5 Tuesday afternoon. The bill aims to ban the sale of consumable hemp products containing THC, the compound in marijuana causing a "high." 

If passed, the bill will eliminate a majority of hemp products, even ones federally legal. The reason? Most hemp products contain at least trace amounts of THC.

Supporting the ban at the Texas Capitol on Tuesday were North Texas law enforcement leaders like Allen Police Chief Steve Dye.

What they're saying:

"THC consumables are intoxicating and yet another issue dropped on the door of law enforcement," said Dye.

Morgan Miller says she uses hemp products for medical reasons.

"In the month of May alone, I suffered from 23 migraine days out of 31. Now I know what you’re thinking: How the heck does this girl survive that? The answer is hemp products," said Miller. 

Texas lawmakers passed legislation banning THC in late May, only for Gov. Greg Abbott to veto the legislation a month later.

In the weeks leading up to the veto, veteran groups had pleaded with the governor not to ban the products.

After VFW National Legislative Committee Chairman Mitch Fuller’s testimony Tuesday, he spoke with FOX 4 about hemp products helping him and thousands of veterans.

"The pills have done a number on us. The pills have adversely affected us. And it’s not uncommon for veterans to be prescribed seven or eight different pills," said Fuller.

"We support more regulation, clearly," Fuller continued. "But this is also about personal freedom and liberty and personal responsibility."

But  SB 5 appears to double down on the legislation the governor has already rejected. 

SB 5: Abbott vs Patrick

Hours before the vote, in a one-on-one interview with FOX 4’s Steven Dial, Abbott detailed what some might call a compromise: keeping marijuana illegal, banning hemp products for people under 21, banning synthetics laced into hemp products and setting the THC limit at 3 percent, or three milligrams.

"We need to have a highly regulated hemp industry to ensure that farmers are able to grow it, and that hemp products that do not have an intoxicating level of THC on it can be sold in the marketplace for adults to be able to use," Abbott said.

But passage of any legislation will likely require the governor and lieutenant governor to get on the same page.

The lieutenant governor is still siding with a total ban, celebrating SB 5’s committee passage Tuesday by posting on X:

"Only a total ban on THC products can effectively protect communities."

What's next:

If the bill continues to move forward and lands on Abbott’s desk, he can once again veto, just like the previous version.

The Source: Information in this story came from FOX coverage at the Texas Capitol and previous reporting.

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