Senator Charles Perry has formally filed Senate Invoice 3 (SB 3), a sweeping piece of laws that, whereas introducing some shopper protections, in the end seeks to re-criminalize THC and practically all different cannabinoids in Texas’ booming hemp market.
If enacted, this invoice would undo years of progress, forcing the multi-billion-dollar hemp business underground and eliminating a thriving market that gives jobs and protected, regulated merchandise to accountable adults.
SB 3 goals to ban THC and all cannabinoids besides cannabidiol (CBD) and cannabigerol (CBG) in consumable hemp merchandise, drastically decreasing shopper decisions and financial alternatives. Whereas the invoice contains age restrictions, child-resistant packaging mandates, and tighter promoting controls to stop youth entry, it goes too far by criminalizing companies and customers alike.
“We share Senator Perry’s concern about regulatory oversight and youth entry,” mentioned Heather Fazio, director of the Texas Hashish Coverage Heart. “Nonetheless, an outright ban on THC will solely gas the illicit market, making it unattainable to implement laws and guarantee product security for Texas customers.”
Key Provisions of SB 3
Shopper Safety Measures
- Necessary testing for microbial contamination in consumable hemp merchandise.
- Retailers should report cannabinoid content material for all hemp merchandise to the Texas Division of State Well being Companies (DSHS).
- Medical claims are prohibited in packaging and promoting.
- Labels should certify that any cannabinoid apart from CBD or CBG isn’t current past 0.0001% on a dry-weight foundation.
Restrictions on Youth Entry
- An individual should be 21+ to buy any hemp product containing cannabinoids.
- Hemp merchandise should be displayed individually from objects authorized for youngsters to devour.
- No hemp product containing any cannabinoids could be offered inside 1,000 ft of a college.
- Strict packaging laws requiring tamper-evident, child-resistant, and resealable packaging for multi-serving merchandise.
Extreme Prison and Monetary Penalties
- Third-degree felony for manufacturing or promoting hemp merchandise containing cannabinoids apart from CBD or CBG.
- Class A misdemeanor for possessing such merchandise, with potential for twin prosecution underneath extra legal guidelines.
- Class A misdemeanor for transport or mailing any consumable hemp product containing cannabinoids.
- Administrative fines as much as $10,000 per violation for companies that don’t adjust to new laws.
Financial Affect: A Blow to Texas’ Rising Hemp Trade
Texas’ hemp business, valued at $8 billion in 2022, helps an estimated 50,000 jobs, with projected development to $10–15 billion in 2025. By pushing THC and different cannabinoids into prohibition, SB 3 threatens hundreds of livelihoods and eliminates shopper entry to examined, regulated merchandise.
In 2019, Sen. Perry performed a pivotal function in legalizing hemp in Texas, aligning the state with federal laws. Nonetheless, because the business developed, laboratories started legally changing CBD to Delta-8 and Delta-10 THC, creating a sturdy marketplace for various cannabinoids. SB 3 now seeks to dismantle this progress by criminalizing merchandise which have been legally offered and taxed in Texas for years.
What’s Subsequent?
SB 3 is a precedence for Lt. Governor Dan Patrick, signaling that it could transfer shortly via the Senate. Nonetheless, the Texas Home seems much less inclined to re-criminalize THC, suggesting the battle over hemp regulation is way from over.
