Doing the Math Wrong and Still Getting the Right Answer – Abbott Vetoes Cannabis Bill in Texas

If you’ve ever been given what you want in a way that made you feel suspicious, you begin to understand what has ignited a political firestorm within the Texas legislature. Governor Greg Abbott vetoed a bill in late June that would have outlawed the burgeoning consumable hemp industry, including products containing Delta-8 and Delta-9 THC. The eleventh-hour decision spared a multi-billion-dollar industry but created a rare and public schism with Lieutenant Governor Dan Patrick, who championed the ban as a top legislative priority.

The legislation, Senate Bill 3, sought to prohibit the manufacturing, distribution, and sale of any consumable hemp product containing any amount of THC, aside from trace elements. Proponents, led by Patrick, argued the ban was crucial for public safety, framing the readily available THC-infused gummies, drinks, and vapes as a dangerous and unregulated market that poses a significant risk to children. They contended that a 2019 state law inadvertently created a loophole that allowed for the sale of intoxicating substances.

However, Governor Abbott rejected the bill not in support of the products themselves, but on legal and practical grounds. In his veto proclamation, Abbott stated that an outright ban would conflict with the 2018 federal Farm Bill that legalized hemp. He argued that SB 3 had "undeniable" legal defects and would be immediately tied up in constitutional court challenges for years, leaving the market's "existing abuses unaddressed."

Instead of prohibition, Abbott called for strong regulation. "Texas must enact a regulatory framework that protects public safety," he declared, suggesting rules like those for alcohol, including age restrictions, marketing limits, and robust testing requirements. To address the issue, he has summoned lawmakers back to Austin for a special session in July to craft a new law focused on regulation.

The veto sparked immediate controversy. The hemp industry, which claims to support over 50,000 jobs and generates billions in revenue, celebrated the decision as a victory for free markets and personal freedom. A broad coalition of opponents, from veterans using THC for PTSD to conservative activists, had lobbied heavily against the bill. It is left to the reader to decide which side they choose, but this writer prefers to advocate for any industry that brings my veteran brothers and sisters relief with low to no side effects for a very reasonable price.

Conversely, Lt. Gov. Patrick sharply criticized the governor's move, accusing Abbott of effectively legalizing recreational marijuana. The press conference included Patrick sarcastically offering THC products to the press assembled, which aside from being the most boomer behavior possible was also a surprise as no one accepted. While his rhetoric was the standard ‘drugs are bad’, it is worth noting that some of Patrick’s political donors include a distributor of Anheuser Busch and the Beer Alliance of Texas PAC.

The public disagreement between the state's top two Republicans has exposed a deep divide on cannabis policy and sets the stage for a contentious special session, with the future of hemp products in Texas hanging in the balance.

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