Erick Henriquez Camargo

Marijuana plants grown by Sweet Sensi in Austin, TX are at threat from recent HB 28

Texas House Bill 28 seeks to ban tetrahydrocannabinol, or THC, a psychoactive compound found in recreational cannabis products responsible for the “high” feeling. Although the bill bans THC from a majority of products, HB 28 grants a special exemption for medicinal products and drinks with a low THC concentration. 

In 2019, the Texas’s farm bill legalized a concentration of less than .3% of THC in Texas, with anything higher being categorized as marijuana. Since then, the hemp industry, an estimated $3-$4 billion business, has sold products ranging from medical to recreational to consumers. 

On March 14, HB 28 was introduced, threatening the future profitability of the hemp industry in Texas. Lieutenant Governor Dan Patrick, a proponent of the bill, argues that hemp producers have taken advantage of the 2019 farm bill and sold “life-threatening, unregulated forms of Tetrahydrocannabinol (THC) to Texans, including children.”

The bill not only constrains the usage of THC but also raises the age of consumption to 21 and older, requires in-state product testing of hemp and for hemp producers to register with the Department of Public Safety. 

However, ‌Texas lawmakers have already started raising concerns about the future of the industry and the viability of banning hemp for public health.

Senator Jose Menendez states that “all [banning THC is] going to do is encourage the bad actors to fill the vacuum,” allowing for production and distribution of hemp to shift back into off-market exchanges.

Lt. Gov. Patrick has pushed a similar bill in the Senate, Senate Bill 3, which passed with a 27-4 vote on March 19th. SB 3 is less lenient than HB 28 because the Senate bill seeks to ban all recreational forms of THC, including low-THC concentrated beverages. Just like HB 28, SB 3 allows for the exemption of medical products containing THC. 

Hemp business owner Katie Frazier, like many other producers, acknowledged that HB 28 offers much-needed oversight but voiced her concern about the threat of hemp businesses being shut down because of the bill. 

“I want bad actors removed from this space, but you don’t clean up a room by setting it on fire,” Frazier explained in an article by the Texas Observer. “House Bill 28 may appear more reasonable [than SB 3], but it remains deeply harmful.”

In March, the Texas Senate passed SB 3; however, HB 28 and SB 3 are still pending in the Texas House of Representatives.