Texas

Fort Worth cannabis stores weigh Texas THC ban: ‘People will turn to the streets.’

Robbie Sypert, a grower and cultivator at Power BioPharms for two years, trims the leaves off of young cannabis plants at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Power BioPharms grows and harvests its own cannabis plants and incorporates it into their products such as gummies, flowers, seltzers and pet treats.
Robbie Sypert, a grower and cultivator at Power BioPharms for two years, trims the leaves off of young cannabis plants at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Power BioPharms grows and harvests its own cannabis plants and incorporates it into their products such as gummies, flowers, seltzers and pet treats. ctorres@star-telegram.com

The future of the Texas hemp industry is on the line as state lawmakers consider sweeping bills that would tightly regulate or outright ban THC products.

Senate Bill 3 would wipe out all hemp-derived products — from gummies, vapes and flower buds to THC-infused beverages — that currently grace the shelves of more than 8,000 Texas stores.

Under current law, hemp products with less than 0.3% THC are legal; however, SB 3 would erase that important distinction. The Senate passed the bill with a 24-7 vote on March 19, and it now moves to the House, where a more moderate proposal — House Bill 28 — calls for tighter regulations instead of an outright ban.

Cannabis plants are grown and harvested at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Power BioPharms grows and harvests their own cannabis plants and incorporates it into their products such as gummies, flower, and even seltzers and pet treats.
Cannabis plants are grown and harvested at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Power BioPharms grows and harvests their own cannabis plants and incorporates it into their products such as gummies, flower, and even seltzers and pet treats. Chris Torres ctorres@star-telegram.com

Who’s pushing for a total ban in Texas?

Lt. Gov. Dan Patrick said the ban is his top priority during this legislative session.

Patrick has taken a hard line on the issue, contending that THC products pose a significant risk to public health, particularly for children.

“This is a poison in our public, and we as the Legislature, our number one responsibility is life and death issues,” Patrick declared at a recent press conference.

He contends that misleading packaging and dangerously high THC levels — claims of some products containing “several times more THC content than marijuana purchased from a drug dealer off the street” — endanger Texans.

Gummies have become a popular consumable hemp product since a 2019 Texas law legalized the cultivation of hemp. Under federal and Texas law, hemp is cannabis with a Delta-9 THC concentration below 0.3%.
Gummies have become a popular consumable hemp product since a 2019 Texas law legalized the cultivation of hemp. Under federal and Texas law, hemp is cannabis with a Delta-9 THC concentration below 0.3%. Amanda McCoy amccoy@star-telegram.com

Patrick’s resolve extends to THC-infused beverages, which he insists should not be exempt from the ban. State Sen. Charles Perry, a Republican from Lubbock, introduced Senate Bill 3.

“I named SB 3 a major legislative initiative of mine because I will not allow retailers to circumvent the law and put Texans’, and especially children’s, lives in danger,” he said in a press release.

He has also warned hemp retailers, advising them to consider closing their doors voluntarily as investigations and potential lawsuits loom.

“You might want to voluntarily close your doors because the investigations are going to continue, and I’m sure the lawsuits are about to come. You know what you’re doing.” Patrick said.

Cannabis plant stems are propagated first before being moved to a bigger room to be grown and harvested at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Power BioPharms grows and harvests their own cannabis plants and incorporates it into their products such as gummies, flower, and even seltzers and pet treats.
Cannabis plant stems are propagated first before being moved to a bigger room to be grown and harvested at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Power BioPharms grows and harvests their own cannabis plants and incorporates it into their products such as gummies, flower, and even seltzers and pet treats. Chris Torres ctorres@star-telegram.com

How are Fort Worth hemp stores responding?

While lawmakers like Patrick argue that these products are a public hazard, local business owners are divided on the issue.

Tuan Le, owner of CBDistrict Health and Wellness in Fort Worth, said that 99% of the customers who visit his store seek medicinal relief, not recreational use.

“This bill doesn’t distinguish between responsible businesses and those selling irresponsibly,” Le said. “We’ve always run our business in a way that combats the issues that he (Dan Patrick) brings up, it’s just that there’s no hard state or federal regulation regarding access.”

Le believes that stricter age regulations and enhanced manufacturing standards would address concerns without dismantling an industry that many Texans rely on for health and wellness.

“Something like that would actually set off a domino effect,” he said, “because stores that aren’t actually hemp stores or are selling products on the side would have to weigh the pros and cons to see if it’d be worth selling if the age limit cut off the majority of their customer base. I think there’s a handful of things that could easily be implemented and have a major impact on the industry for the better.”

Colt Power, the Co-Founder and CEO for Power BioPharms, and Nick Williams, the Vice President of Operations, have a conversation at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024.
Colt Power, the Co-Founder and CEO for Power BioPharms, and Nick Williams, the Vice President of Operations, have a conversation at Power BioPharms grow facility in Fort Worth on Thursday, April 25, 2024. Chris Torres ctorres@star-telegram.com

Nick Williams, a veteran CBD grower at Power Biopharms, said he supports legislation. He said that many dispensaries were opened for profit rather than genuine care for the plant, which is why the market is now overrun with unregulated products.

“A lot of these people, to me, are just jumping in to get money, so they’re doing it the wrong way,” he said. “I’ve never seen anything like this in Texas with the THCA. It’s absolutely wild that they’re using a loophole to literally sell weed everywhere without any regulation.”

Williams said the Farm Bill was intended for hemp fiber production, not for selling marijuana.

“The bill was never intended to sell marijuana out of a smoke shop, I can guarantee you that it’s just a loophole we’ve taken advantage of because we want pot and we’ll do anything to get it.”

If the House bill passes, Williams said, the state should let an outside company oversee the regulation.

“I say that because the state’s going to come in and mess it all up. You have a bunch of old white men making laws about stuff they don’t know about.”

Two cans of THC seltzer with a picture of a robotic dinosaur on them sit on a table.
Martin House and Power BioPharms introduced their THC seltzer, Power House. The non-alcoholic seltzer contains hemp-derived delta-9 THC. Candi Bolden

Could a THC ban stop usage completely? What an expert says

Candice Stinnett, an advocate with the Texas Hemp Coalition and owner of Emerald Organics Cannabis Store in Fort Worth, offers a cautionary perspective.

She said that eliminating legal THC products will drive consumers toward the black market, where dangerous additives like fentanyl may be present.

“People will turn to the streets to find relief and that could be really dangerous because they wouldn’t know what they’re getting. We need sensible regulation, not prohibition,” Stinnett stressed.

Recounting a recent Senate hearing, Stinnett said many who testified for the ban based their experience on being sold uncertified products.

“They were getting synthetics, so I think sensible regulation would weed out the bad actors and ensure the people who truly are passionate about the plant can continue to educate and help people find relief.”

Stinnett believes the industry needs to focus on adult use and regulating access.

“Making this an adult use market for ages 21 and older and doing away with synthetic cannabinoids would make things a lot better.”

What’s next?

The Texas House Committee on State Affairs will hold a public hearing on Senate Bill 3 and House Bill 28 at 8 a.m. on Monday, April 7.

The hearing will take place in room 120 inside the John H. Reagan State Office Building, 1400 Congress Ave., Austin.

The coming months will likely determine whether Texas pursues strict prohibition or opts for more balanced, regulated oversight that could save livelihoods while protecting public health.

If passed, the ban would go into effect in September. Stores would have until January 2026 to comply.

Tiffani Jackson
Fort Worth Star-Telegram
Tiffani is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions about life in North Texas. Tiffani mainly writes about Texas laws and health news.
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