AUSTIN — Last Wednesday night, the Texas House of Representatives passed a bill that would ban all products containing THC, the psychoactive compound found in cannabis. Gov. Greg Abbot will have until June 22 to sign or veto the bill, which will go into effect on September 1, unless the courts step in.
Rep. Eddie Morales, who represents the Big Bend, was one of many lawmakers who was not impressed by the legislation. “The version that passed was a step too far,” he wrote in a press release, referring to a last-minute series of amendments that scrapped a carefully-crafted regulatory structure in favor of a complete ban. “I believe that this bill will harm Texans, fuel black market sales, and empower the cartels.”
Texas has remained staunchly anti-legalization even after neighboring states across the political spectrum have paved the way for regulated and taxed dispensaries. The THC ban was a top priority for Lt. Gov. Dan Patrick this session, sharing the spotlight alongside hot-button issues like school vouchers. Patrick and other GOP leaders say they’re concerned about the products’ safety, alleging that they can trigger mental illness and accusing the industry of preying on children as potential customers.
Over the past few years, edible products with low doses of compounds like THC-A and Delta-9 have become popular in Texas, gracing the shelves in bar fridges and specialty shops. The industry — which nets an estimated $8 billion a year in the Lone Star state — grew out of a 2018 farm bill that allowed Texans to grow hemp.
Demand for hemp products spiked during the pandemic, leading many to start their own grow operations. Like many other industries, however, the wonky markets in 2020 had unintended consequences: there was a surplus in the raw materials to make CBD, a non-psychoactive compound that is popularly marketed to ease anxiety and stress. With a few tweaks in the lab, that raw material can be transformed into the alphabet soup of cannabinoid compounds like THC-A and Delta-9 that have temporarily allowed Texans to get a legal buzz.
The hemp boom included Village Farms, a hydroponic agricultural outfit with a presence in Marfa and Fort Davis. The company applied for a license to grow medical marijuana in 2023.
Susan Hays of Alpine, a lobbyist for Village Farms, said that their local operations wouldn’t be affected but that a subsidiary would have to suspend selling some of the products they are able to market in Texas. She’s more concerned about smaller producers who have taken the time and care to curate what they sell to their neighbors. “Sleazy companies are going to keep doing mail order business to Texas and good companies are going to stop,” she said. “Consumers will not have a reliable product.”
Hays takes issue with what she considers legislators’ poor understanding of the science of cannabis, which is endlessly complex. She finds the bill “incredibly over-broad and poorly written,” leaving lots of room for corruption and exploitation. Throughout the process of tweaking the bill, Hays watched legislators grapple with the question of how to test a product for THC — with a total ban, law enforcement only has to test for the presence of THC to make an arrest, rather than ordering more involved and expensive tests that can determine its dosage.
A tasty case study: Hays likes to top her morning yogurt and granola with hemp seeds, a non-intoxicating superfood commonly sold as a nutritional supplement across the state. If that product somehow tested positive for THC, even in a miniscule amount, it could leave her in big trouble. “They can have detectable THC because it rubs off on them from other parts of the plant as it’s being made,” she explained. “Suddenly my breakfast becomes a crime.”
Jill Martin, a part-time Marfan who goes by the name Jam, makes hemp gummies under the brand name Jota Living. She sells the products in a back room at Ranch Candy, a small shop on South Dean Street in Marfa she runs with a friend. “Everything’s in flux right now,” she said of her business. “My goal is just to hang in there.”
If the ban goes through, they’ll stop selling the products — but Jam can’t help but feel frustrated, especially after crafting a brand with quality and safety at its heart. Her THC products are sold in a separate 21+ space to keep them separate from the kid-friendly candy sold up front, and the team invested extra in child-proof packaging and third-party lab testing. None of these measures are mandated by the state, but Jam thinks it’s the right thing to do.
Jam’s customers come from all walks of life. “I’ve had women come up to me in Marfa and thank me for helping their veteran husband with their PTSD, and I’ve had artists who said they take a little bit to get inspired in their studio,” she said. “I want anyone who benefits to have access to safe products.”
