Texas Senate to Hold Public Hearing on Delta-8, Delta-9 THC Products

LOS ANGELES- The Texas Senate will hold a public hearing on May 29 to discuss a potential ban on delta-8 and delta-9 THC products. These products have been widely available in Texas since 2019, following a decision that allowed the sale of hemp products containing these compounds. Texas Lt. Gov. Dan Patrick has called for the review, aiming to address concerns about the sale and regulation of these products.

In April, Patrick requested the Texas Senate revisit the 2019 decision that legalized delta-8 and delta-9 THC hemp products. The upcoming hearing, conducted by the Texas Senate State Affairs Committee, will provide an opportunity for public comment and recommendations on regulating these products and preventing their marketing to children.

While Texas has legalized medical cannabis for patients with qualifying conditions, adult-use cannabis remains illegal. The 2018 Farm Bill legalized consumable hemp nationwide, and Texas followed suit in June 2019 with House Bill 1325, legalizing the sale of consumable hemp products. By 2020, the Texas Department of State Health Services had registered approximately 1,948 retail stores for selling hemp-based products, a number that grew to over 7,700 by April 2024.

Despite the increase in registered stores, there is no current law limiting the number of hemp dispensaries in Texas. Although House Bill 1805, approved by the House in April 2023, proposed establishing such limits, it did not receive a vote in the Senate.

Lt. Gov. Patrick’s focus on THC hemp products has raised concerns among hemp business owners. Shayda Torabi, co-owner of the Austin-based hemp dispensary Restart and president of the Texas Hemp Coalition, expressed both support for regulation and concern over a potential ban. Torabi’s dispensary sells a range of hemp products, including delta-8 and delta-9 THC in various forms.

Torabi supports new regulations to legitimize the industry but warns against an outright ban. She emphasized the importance of regulation to prevent the sale of illegal products and protect her business. Torabi advocates for working with state officials to develop informed regulations rather than eliminating the market.

Nico Richardson, CEO of Texas Original, a medical cannabis provider, also supports increased regulation. He highlighted the disparity between the strict regulations for medical cannabis providers and the lack of restrictions for hemp dispensaries selling delta-8 and delta-9 products.

The Texas Senate’s upcoming hearing will explore these issues, with the potential for legislative action in the 2025 session. The hearing will examine the sale of intoxicating hemp products and consider further regulation to address the concerns raised by state officials and business owners.