Proposed THC ban could hurt Cy-Fair retailers From the cover
What’s happening
Registered hemp retailers in Cy-Fair
Cy-Fair
111 retailers are registered to sell hemp products in Cy-Fair.
Ryan Martinez owns two CBD American Shaman stores in Cy-Fair offering CBD and legal THC products, which he said he believes help with anxiety, inflammation, sleep, addiction and more. Texas legalized the sale of hemp-derived products in 2019, and 111 retailers are registered to sell them in Cy-Fair today compared to 24 in Tomball, 78 in Katy and 79 in Spring, according to the state health department. But Lt. Gov. Dan Patrick said efforts to ban all forms of THC are underway in Texas as some retailers have “exploited” state law. “Since 2023, thousands of stores selling hazardous THC products have popped up,” he said in the release. “Many sell products … [with] three to four times the THC content which might be found in marijuana purchased from a drug dealer.” Analytics firm Brightfield Group reported sales of intoxicating hemp-derived cannabinoids delta-8 and delta-9 THC spiked 1,283% nationally from 2020-23. Nico Richardson, CEO of Texas Original medical marijuana supplier, said 1,948 Texas stores sold hemp products in 2020. The state has over 7,970 registered hemp retailers today. “The only difference between medical marijuana in this state and intoxicating hemp is that one is heavily regulated, and the other is not,” Richardson said at a May 29 Texas Senate hearing.
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Breaking it down
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CBD Cannabidiol is derived from the cannabis plant but does not have psychoactive properties. It is marketed to treat pain, anxiety, insomnia and more.
Delta-9 THC Consumable hemp products with less than 0.3% delta-9 tetrahydrocannabinol are legal in Texas after the passage of House Bill 1325 in 2019.
Delta-8 THC The chemical structure is similar to delta-9, but a lawsuit to determine its legality is pending at the Texas Supreme Court. Delta-8 was not specifically mentioned in HB 1325.
SOURCES: TEXAS DEPARTMENT OF STATE HEALTH SERVICES, TEXAS STATE LAW LIBRARY/COMMUNITY IMPACT
How we got here
Zooming in
The timeline
In 2018, the federal Farm Bill was signed into law, legalizing industrial hemp production. The following year, Texas passed House Bill 1325 to outline the regulation of hemp production and products with a concentration of 0.3% THC or less. This bill was in part intended to bolster Texas agriculture, Patrick said. However, Richardson said most hemp products sold in Texas come from out of state. “Our state regulators have no jurisdiction over out-of-state labs and therefore no ability to verify test results,” Richardson said. “With more than 7,000 retailers and thousands of out-of-state prod- ucts being shipped into Texas every day, it’s near impossible to confirm the accuracy of out-of-state lab results.” State officials at the May 29 hearing said while they have the authority to inspect hemp manu- facturers and retail registrants in Texas, product testing is expensive, and it would take years to reach every retailer with current staffing.
2015
HB 1325 did not specify an age require- ment for purchasing consumable hemp products. Betsy Jones, director of policy and strategy at Texans for Safe and Drug-Free Youth, said just because these products are easily accessible for teenagers and young adults doesn’t mean they’re safe. Candies, snacks and flavored vape prod- ucts often come in packaging children might find attractive, she said. But with similar effects to traditional marijuana, Jones said they may lead to higher rates of depression and anxiety, psychosis, addiction, impair- ment, and emergency room visits. “We don’t know the short-term or long- term harms of the products, so we can’t ade- quately regulate them,” Jones said. “And we have evidence that bans do work as long as they’re comprehensive in that we’ve closed all the loopholes and they’re enforced.”
2015: Texas passes Senate Bill 339, which launched a medical marijuana program in 2017 2018: Federal Farm Bill passes, legalizing the commercial production of hemp 2019: Texas passes House Bill 1325, legalizing the sale of hemp-derived products with less than 0.3% THC 2021: Texas Department of State Health Services attempts to ban delta-8; the case is awaiting a final decision from the Texas Supreme Court 2024: Lt. Gov. Dan Patrick announces intentions to ban all THC products in Texas 2025: 89th Texas Legislature convenes Jan. 14-June 2
2020
2025
SOURCES: TEXAS LEGISLATURE ONLINE, TEXAS DEPARTMENT OF STATE HEALTH SERVICES, TEXAS ORIGINAL, TEXAS STATE LAW LIBRARY/COMMUNITY IMPACT
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