Governor Abbott Vetoes Texas THC Ban, Calls Special Session

Late Sunday night, Texas Governor Greg Abbott issued a last-minute veto of the THC ban bill recently passed by the Texas Legislature. The governor then called a special session, asking legislators to regulate, rather than ban, the substance used by many as a pain management alternative to opioids.

The governor had until midnight Sunday night to veto SB-3 or allow it to become law without his signature. Groups from both sides of the issue applied political pressure to the governor’s office. In the end, Abbott decided to veto the bill and call for its regulation.

“Senate Bill 3 is well-intentioned,” Abbott wrote in a veto proclamation. “But it would never go into effect because of valid constitutional challenges. Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable.”

The governor cited legal challenges to a 2023 Arkansas law which was overturned by a challenge in federal court.

“As a former Supreme Court Justice and Attorney General of Texas, I know that Senate Bill 3 is vulnerable to the same legal attacks,” the governor added. “At worst, Senate Bill 3 would be permanently invalidated by the courts; at best, its implementation would be delayed for years as the case winds its way through the legal system. We can do better.”

The governor then called for a special session of the Legislature beginning in July, to address regulation of THC rather than an outright ban.

“Legislators could consider a structure similar to the way alcohol is regulated, with strict enforcement by an agency like the Texas Alcoholic Beverage Commission,” Abbott proposed. The governor added what he considered key regulatory provisions to be considered by legislators.

Lt. Governor Dan Patrick (R), who presides over the Texas Senate, which unanimously passed the bill in March, was enraged by the veto, the Texas Tribune reported on Monday. In a post on social media, Patrick wrote, “Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas. His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned.”

The Texas House passed the bill on a vote of 108-30 near the end of the session in May. 

During a press conference on the bill in May, Governor Patrick referred to THC as a “poison in our public,” the Tribune reported. Patrick called the THC ban among his “top five” bills during his 17 years of service in the Texas Senate.

The bill was intended to fix a loophole left in a 2019 bill, which created the multi-billion-dollar industry in Texas. The original bill legalized trace amounts of delta-9 THC but failed to place the same thresholds on other derivatives, the Tribune stated. Critics of the bill say this loophole was exploited, leading to 8,000 retailers in the state selling THC-laced edibles, drinks, vapes, and flower buds.

Opponents to the bill say the industry generated $8 billion in tax revenue and created more than 8,000 jobs across the state.

Before the governor’s veto, veterans groups lobbied to overturn the bill, the Tribune reported.

“There’s really nothing at the VA to help with pain or anxiety that isn’t addictive,” said Gulf War veteran Barnes from his home in Onalaska, about 30 miles east of Huntsville. “I was a zombie on a couch.” Barnes battled chronic pain and PTSD following his exposure to sarin gas while serving overseas. Before the legalization of THC in Texas, Barnes told the Tribune he took prescribed opioid drugs for years.

“The doctor assured me he could prescribe me enough,” Barnes told the Tribune. “I said, ‘Sure, you can, but I can’t afford it.’”

Rice University Political Science Professor Mark Jones told KVUE that Governor Abbott was caught “between a rock and a hard place.”

“If he vetoes the bill, he angers one segment of the Republican Party, particularly the lieutenant governor,” Jones said. “If he allows it to become law, though, he angers a substantial share of the owners of these businesses, as well as many of the users of the products from these businesses, and goes against public opinion that, by and large, would prefer to see something like medical marijuana, at least legal in the state of Texas.”

Proponents of the THC ban, including many in law enforcement, say the THC products are too accessible and “pose a danger to Texans, particularly teens,” the Austin ABC affiliate reported. The article says many of the THC products on the market currently have three to four times more THC content than might be found in marijuana purchased from a drug dealer. Patrick sais the products tend to be marked to children.

The Texas Sheriff’s Association sent a letter to Abbott to encourage him to sign the bill into law. The letter stated:

These products present profound health and safety concerns, with THC concentrations sometimes exceeding 90%. High potency products have been linked with increased risk of psychosis, schizophrenia, anxiety, depression, and addiction. Many products sold contain marketing that youth find appealing, resemble kid friendly foods like Starburst and Oreos, include brightly colored packaging, cartoon characters, and candy flavors, increasing ingestion and poisonings among children. From 2017 to 2022, Texas saw a 495% increase in marijuana-related calls to poison control centers for children aged 5 and younger.

Texas legislators will be called back to Austin on July 21 for a special session to address Abbott’s concerns over the bill and pass a new bill for his consideration. Other items are expected to be added to the agenda for the special session. Only the governor can add items for the legislature’s consideration and action during a special session.