Texas patients are again worried that their access to cannabis may be limited or even eliminated in a matter of months. The Texas Senate just passed SB3, which would criminalize all hemp-derived cannabinoids except for CBD and CBG. Conversely, the state House is looking to pass HB28, which would regulate hemp derived cannabinoids instead.
Is TX About To Ban Hemp?
While Republicans hold a majority in the TX house, a ban along party lines based on SB3's language isn't necessarily likely. Many Texas GOP members favor a regulatory approach over a ban. For instance, a proposal in 2021 to criminalize delta-8 died after the House and Senate failed to agree.
HB28 author and House State Affairs Committee Chair Ken King has emerged as a leading opponent of a total ban. He hopes to enforce stricter rules on the hemp market instead.
How Would SB3 Affect TX Patients?
If SB3 were to pass instead of HB28, it would have profound impacts on Texas's cannabis patients and the state economy.
- With no access to inhalable forms of cannabis, patients who qualify for medical cannabis in the state would only have edible forms, which come with more potent psychoactive effects.
- Hemp shops will close, limiting access to non-THC products, such as pure CBD, as well.
- The Texas criminal justice system will see a surge in arrests and jail for THC possession as it is already proven that decreasing availability will not decrease demand. There are plenty of actors who will swoop in to profit from criminalization.
- At least some patients who don't qualify under the Texas Compassionate Use Program are likely to return to black market products or opiates, whether legally prescribed or illicit.
- Gang members and organized crime could see a resurgence in profits as black market demand surges.
- The state will lose roughly 50,000 jobs, about $8 billion a year in revenue, and about $267 million in sales tax revenue.
How Would HB28 Affect TX Patients?
If HB28 were to pass instead of SB3, patient access might be affected, but products would likely be safer:
- THC products would remain available, but with stricter age limits, child-proof packaging, and testing requirements to ensure safety.
- Prices might increase slightly due to regulatory requirements
- Potency would be more consistent across all products.
What Can TX Patients Do?
By far, the most effective action the average patient can take to ensure patient access in any state is to stay in touch with their representatives on a regular basis.
Consider booking face-to-face appointments to discuss personal needs if possible. Or you can write, call, and email all representatives in your district for both the Senate and House.
Meanwhile, the state's medical program is so restrictive that very few Texans qualify for treatment. As always, it's imperative to speak out for expansion of patient rights in all states. Together, we can encourage legislators to approve of medical expansion over criminalization that may reduce access and increase black market dangers.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
