Texas Lawmakers Confirm: Cannabis is Here to Stay

Cannabis is here to stay in Texas, as confirmed by lawmakers and industry leaders during a recent conference. Efforts to ban consumable hemp are losing momentum, but the challenge of regulating the market remains a pressing issue that will likely be addressed in 2027.

At the Texas Cannabis Policy Conference, State Sen. Nathan Johnson, D-Dallas, and Rep. Drew Darby, R-San Angelo, expressed their commitment to finding a safe and responsible way to regulate THC businesses. They noted that the attempted ban on consumable hemp highlighted the passion Texans have for these products. “I don’t know of any area that is so in flux than this issue right now,” Darby remarked during a panel discussion. “We almost have to take it on.”

Over the past year, the Texas THC industry has experienced significant changes. The Texas Legislature expanded the medical cannabis program, only to see a ban on all THC products, which was subsequently vetoed by Governor Greg Abbott. Now, with rules and regulations on the horizon, industry leaders remain hopeful that Congress will reverse a nationwide ban set to take effect in November.

“Texas is on a trajectory for providing safe and legal access for responsible adult use and continuing to build out access for patients who benefit from this medicine through the compassionate use program,” stated Heather Fazio, director of the Texas Cannabis Policy Center, a nonprofit advocating for greater cannabis access and decriminalization.

Under Abbott’s direction, two state agencies—the Texas Alcoholic Beverage Commission (TABC) and the Department of State Health Services (DSHS)—are collaborating to establish industry rules and regulations. However, neither agency has full jurisdiction over the landscape of retailers selling consumable hemp products. For instance, TABC regulations do not apply to the 8,000 licensed hemp retailers under DSHS, including smoke shops and online retailers that do not sell liquor.

The proposed rules include a ban on sales to individuals under 21, which has been largely accepted by the THC industry. However, some proposals have faced sharp criticism. Todd Harris, co-owner of The Happy Cactus Apothecary in Austin, expressed concern that certain regulations from the Department of Health and Human Services could threaten small businesses like his. He fears that stringent regulations could redefine hemp, increase licensing fees, and halt the interstate commerce of raw hemp.

Harris described the potential implementation of these rules as a worst-case scenario but remains optimistic that lawmakers can address these concerns in 2027. “No one, no one wants that—I don’t want kids to have it,” he emphasized. “We want to be regulated.”

Both Darby and Johnson acknowledged that the responsibility for regulation has unfortunately fallen to the agencies due to the inability of the House and Senate to reach a compromise. “I think now we’re getting into these philosophical questions about what is the role of the agency versus what is the role of the Legislature?” Johnson noted. “Are we legislating through agency action because the Legislature can’t get its act together?”

Abbott’s veto has put him at odds with Lt. Gov. Dan Patrick, a staunch supporter of a ban on consumable hemp products. Johnson believes that while the ban will remain a priority for Patrick in 2027, the political leverage he once held has diminished. “I believe he will try, but I don’t think the House is going to go with it again,” Johnson told The Texas Tribune.

Topics
Texas
Legislation
Cannabis

Cannabis is here to stay in Texas, as confirmed by lawmakers and industry leaders during a recent conference. Efforts to ban consumable hemp are losing momentum, but the challenge of regulating the market remains a pressing issue that will likely be addressed in 2027.

At the Texas Cannabis Policy Conference, State Sen. Nathan Johnson, D-Dallas, and Rep. Drew Darby, R-San Angelo, expressed their commitment to finding a safe and responsible way to regulate THC businesses. They noted that the attempted ban on consumable hemp highlighted the passion Texans have for these products. “I don’t know of any area that is so in flux than this issue right now,” Darby remarked during a panel discussion. “We almost have to take it on.”

Over the past year, the Texas THC industry has experienced significant changes. The Texas Legislature expanded the medical cannabis program, only to see a ban on all THC products, which was subsequently vetoed by Governor Greg Abbott. Now, with rules and regulations on the horizon, industry leaders remain hopeful that Congress will reverse a nationwide ban set to take effect in November.

“Texas is on a trajectory for providing safe and legal access for responsible adult use and continuing to build out access for patients who benefit from this medicine through the compassionate use program,” stated Heather Fazio, director of the Texas Cannabis Policy Center, a nonprofit advocating for greater cannabis access and decriminalization.

Under Abbott’s direction, two state agencies—the Texas Alcoholic Beverage Commission (TABC) and the Department of State Health Services (DSHS)—are collaborating to establish industry rules and regulations. However, neither agency has full jurisdiction over the landscape of retailers selling consumable hemp products. For instance, TABC regulations do not apply to the 8,000 licensed hemp retailers under DSHS, including smoke shops and online retailers that do not sell liquor.

The proposed rules include a ban on sales to individuals under 21, which has been largely accepted by the THC industry. However, some proposals have faced sharp criticism. Todd Harris, co-owner of The Happy Cactus Apothecary in Austin, expressed concern that certain regulations from the Department of Health and Human Services could threaten small businesses like his. He fears that stringent regulations could redefine hemp, increase licensing fees, and halt the interstate commerce of raw hemp.

Harris described the potential implementation of these rules as a worst-case scenario but remains optimistic that lawmakers can address these concerns in 2027. “No one, no one wants that—I don’t want kids to have it,” he emphasized. “We want to be regulated.”

Both Darby and Johnson acknowledged that the responsibility for regulation has unfortunately fallen to the agencies due to the inability of the House and Senate to reach a compromise. “I think now we’re getting into these philosophical questions about what is the role of the agency versus what is the role of the Legislature?” Johnson noted. “Are we legislating through agency action because the Legislature can’t get its act together?”

Abbott’s veto has put him at odds with Lt. Gov. Dan Patrick, a staunch supporter of a ban on consumable hemp products. Johnson believes that while the ban will remain a priority for Patrick in 2027, the political leverage he once held has diminished. “I believe he will try, but I don’t think the House is going to go with it again,” Johnson told The Texas Tribune.

Topics
Texas
Legislation
Cannabis