Gov. Greg Abbott vetoes THC ban bill, calls special session. Is marijuana legal in Texas?

Austin American-Statesman

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Gov. Greg Abbott has vetoed Senate Bill 3, which sought to ban the sale of all THC-related products in Texas, including Delta-8 and Delta-9. He has called for a special legislative session to begin on July 21, revisiting the issue.
The move has drawn attention from Texans across the cannabis spectrum supporters, opponents and those advocating for stricter oversight of the industry alike as they await the Legislature's next steps.
Had it been signed into law, SB 3 would have outlawed most intoxicating hemp-derived cannabinoids in gummy, candy, drink, vape or flower form, while maintaining the legality of CBD, a non-intoxicating compound, under tighter regulations.
Abbott's veto halts the bill's progress for now. The special session is expected to renew debate over how Texas should regulate THC products.
Here is what to understand about THC vs CBD and hemp laws in Texas.
Is marijuana legalized in Texas?
In Texas and federal law, recreational use of marijuana is still illegal. The consequences of possessing marijuana may vary depending on how much a person is in possession of.
The Texas Health and Safety Code states that possession of two ounces or less is considered a Class B misdemeanor.
What is SB3?
SB 3, known as the "THC ban," would have prohibited most intoxicating hemp-derived cannabinoids in edible, vape and flower form, while keeping CBD legal under stricter rules.
Here is what the bill proposed:

• Ban sales and marketing to individuals under 21.
• No cannabinoid-containing products can be sold within 1,000 feet of a school.
• Products must have tamper-evident, child-resistant, and resealable packaging.

The punishments under SB 3 were:

• A third-degree felony to manufacture or sell hemp products with cannabinoids other than CBD or CBG.
• A Class A misdemeanor to possess hemp products with cannabinoids other than CBD or CBG.
• A Class A misdemeanor to ship or mail a consumable hemp product with any amount of any cannabinoid.

What does veto mean?
A veto is the power of a government official, typically a president or governor, to reject a bill or proposal passed by the legislature, preventing it from becoming law.
Gov. Greg Abbott vetoed Senate Bill 3, meaning he chose not to approve it. As a result, it will not take effect unless lawmakers reintroduce and pass it again, possibly during the upcoming special session.
What's the difference between THC and CBD?
Cannabidiol (CBD) is a substance derived from the cannabis plant that does not have the psychoactive properties that THC does. In other words, THC is what someone consumes to get "high" or intoxicated, while CBD does not possess the same chemicals.
What is hemp?
The Texas Agriculture Code defines "hemp" as "the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of less than 0.3% on a dry weight basis."
What's the difference between Delta-8 and Delta-9?
Delta-9 is a type of cannabis. It gets its name from the fact that it has 9 THC molecules. Delta-8 THC and Delta-9 THC come from the cannabis sativa plant. Unlike CBD, Delta-9 THC is psychoactive, which means it can make you feel high or intoxicated.
Delta-8 carries a low amount of hemp (0.3%) and, therefore, is permitted under Chapter 443 of the Texas Health and Safety Code. According to the FDA, Delta-8 has psychoactive and intoxicating effects; however, it is generally less potent than Delta-9. Delta-8 was considered a Schedule I controlled substance, but a temporary injunction filed in Travis County has removed the status.
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Psychoactive?


[url=https://www.statesman.com/news/][/url]Seems like some of the posters here have been less than forthcoming about the content or intent of the bill. CDB for sleep aid would not have been banned and would have still been available had the bill not been vetoed.

Most CBD for sleep is CBD-N.

CBD-N was banned under the proposed bill.

TAMUallen said:

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Teslag said:

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From press conference

"There's no way to regulate 8,000 THC locations. Any regulation is just legalization. Only a ban can keep Texans safe"

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I sure hope we start banning Starbucks... caffeine is a dangerous stimulant

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Not Starbucks but wasn't it Panera which had a couple deaths allegedly linked to some drink they sell/sold that had a really high amount of caffeine which allegedly caused some sort of cardiac death?

Rattler12 said:

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schmellba99 said:

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Rattler12 said:

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Abbott vetoed the bill and the supporters of THC got what they wanted. The system worked. Why the continued non stop negativity and name calling by posters? You won. Can you not be satisfied with the win? I swear some of yall would bitz if you were given a million bucks just because it was all in $1 bills....

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You know what? We won WWII, Hitler lost, the system worked. I suppose we should just stop, for the rest of all known time, denigrating Hitler and the Nazis and just be satisfied that we won the war. Nothing else to gain or learn from the victory I suppose.

Jeebus...what a flat out stupid take you have on this.

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Hitler has been dead and gone for 80 years. Abbott vetoed the bill last night. I'd hate to see the comments on here today if he had not have vetoed it.......my TAKE on this is that some of you folks seem to get off on bellyaching about something all the time. Not to mention the number that tell those that disagree with them to go F themselves. Real mature behavior right there now. I can see why some of yall need a few gummies to calm you down.

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Calm down Governor. You vetoed it, now maybe try a gummy and relax. But yeah, you still suck.

CBD isolate on its own has not helped my sleep. The full-spectrum stuff including the rest of the plant's compounds actually work for me.

txyaloo said:

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Most CBD for sleep is CBD-N.

CBD-N was banned under the proposed bill.

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CBD-N or CDN ?

Teslag said:

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This is one of the first times I've actually listened to Dan Patrick. This guy is a real ****ing idiot. How did he ever get elected to anything?

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Famous name (he was on Houston TV and his name is the same as the ESPN guy)
Right party affiliation in Texas
Nobody was really paying attention

The System said:

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Rattler12 said:

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schmellba99 said:

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Rattler12 said:

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Abbott vetoed the bill and the supporters of THC got what they wanted. The system worked. Why the continued non stop negativity and name calling by posters? You won. Can you not be satisfied with the win? I swear some of yall would bitz if you were given a million bucks just because it was all in $1 bills....

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You know what? We won WWII, Hitler lost, the system worked. I suppose we should just stop, for the rest of all known time, denigrating Hitler and the Nazis and just be satisfied that we won the war. Nothing else to gain or learn from the victory I suppose.

Jeebus...what a flat out stupid take you have on this.

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Hitler has been dead and gone for 80 years. Abbott vetoed the bill last night. I'd hate to see the comments on here today if he had not have vetoed it.......my TAKE on this is that some of you folks seem to get off on bellyaching about something all the time. Not to mention the number that tell those that disagree with them to go F themselves. Real mature behavior right there now. I can see why some of yall need a few gummies to calm you down.

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Calm down Governor. You vetoed it, now maybe try a gummy and relax. But yeah, you still suck.

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I wish I was Gov.......first thing I'd do is appoint you Lt Gov. to take the heat off me ........you kinda come across like a Dan Patrick......

He's not even a Texan

SigAg6 said:

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He's not even a Texan

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I just read his wiki and found that out. He's from Baltimore.

lawless89 said:

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Man this guy is an absolute idiot. I wish someone would debate him on this issue rather than just throwing out ridiculous claims that are totally false.

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This is exactly what I'd like to see. If he wants to ban THC, he needs to make the case to Texans, and not just the crazy hardliners who don't want to see anyone else having fun, but to the average conservative like me. Convince me that THC needs to be banned while alcohol, tobacco, etc. should remain legal. Explain to me the science and the data behind deaths related to THC.

He's so full of ***** Now he's suggesting all of these crappy vape shops are terrorist or cartel owned? Only a very small number of them are mom and pop owned and the rest are owned by cartels? He's just throwing spaghetti at this point.

I've never voted Democrat in my life and I hate Dan Patrick more than just about any Democrat I can think of.

SigAg6 said:

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He's not even a Texan

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We should just call him Dannie Goeb from Baltimore

Slicer97 said:

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Hagen95 said:

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That's because they are starting with coffee, which isn't very good.

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Disagree. Coffee from properly roasted beans is sublime. That's just not something you can find at Starbucks.

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Sublime is a nice way to bring this back on topic.

TAMUallen said:

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SigAg6 said:

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He's not even a Texan

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We should just call him Dannie Goeb from Baltimore

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His mamma call him Goeb. Ima call him Goeb.

dustin999 said:

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lawless89 said:

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Man this guy is an absolute idiot. I wish someone would debate him on this issue rather than just throwing out ridiculous claims that are totally false.

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This is exactly what I'd like to see. If he wants to ban THC, he needs to make the case to Texans, and not just the crazy hardliners who don't want to see anyone else having fun, but to the average conservative like me. Convince me that THC needs to be banned while alcohol, tobacco, etc. should remain legal. Explain to me the science and the data behind deaths related to THC.

He's so full of ***** Now he's suggesting all of these crappy vape shops are terrorist or cartel owned? Only a very small number of them are mom and pop owned and the rest are owned by cartels? He's just throwing spaghetti at this point.

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The funny thing is, this so called hellscape he and other ban supporters are describing only exists in blue dominated locales that have stopped enforcing laws on loitering, theft, vandalism, and vagrancy. It has nothing to do with THC. There are are many, many states that have regulatory schemes for THC that have not descended into anarchy, and provide great examples of how citizens should be trusted to make decisions for themselves.

The argument that ban proponents are making is similar to the argument gun control proponents made against things like open carry and constitutional carry. We were told the streets would run red with the blood of children and it would be like the Wild West. The reality is that Texas was something like the 38th state to allow open carry and well down the list on allowing constitutional carry. There were plenty of states that had already shown how freedom can be done. On THC, just like gun rights, Texas is a follower when it comes to freedom. Our talk of being a freedom loving, independent people is just a lot of bluster.

Totally new to this frenzied party. But I do have one concern. We have ways of checking when people are driving impaired from alcohol. Is there a way to test for the THC impairment?

Bucketrunner said:

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Totally new to this frenzied party. But I do have one concern. We have ways of checking when people are driving impaired from alcohol. Is there a way to test for the THC impairment?

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Squinty bloodshot eyes and copius use of words like "dude" and "brah". Probably an open bag of Cheetos nearby.

Same ol field sobriety test followed by a blood sample.

SigAg6 said:

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Bucketrunner said:

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Totally new to this frenzied party. But I do have one concern. We have ways of checking when people are driving impaired from alcohol. Is there a way to test for the THC impairment?

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you don't drive anywhere. You just stay home and watch cartoons and eat Doritos.

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Understand there are several dangerous situations, and THC may be one of them. That is truly my only concern.

I have not touched weed since the 80's. But I have no problem with CBD and gummies as a legal alternative to alcohol. As a vet, I know others who use this to deal with pain/injuries.

I hope that a reasonable settlement can be reached, but I fear sanctimonious politics and alcohol contributions will win out.

Officers will use a breathalyzer to rule out alcohol, but oral testing for THC roadside is still in the preliminary stages.

If the impairment is severe and blatantly obvious 5hen they'll draw blood and test for THC concentration.

Dan is all up in hysteronics about the safety of weed, but has he ever said what the actual dangers are? What is it that the state is protecting us from? "This is really just Abbott legalizing weed!" OK? Why is that bad again?

Has he actual explained what it is about weed that is dangerous to the user, or more importantly imo, those around the user? Be specific Dan. Bring studies Dan. Won't you think of the donors, er children dan??

Gig em G said:

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CBD isolate on its own has not helped my sleep. The full-spectrum stuff including the rest of the plant's compounds actually work for me.

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Research suggests that all these compounds work together to achieve greater therapeutic effects than any one compound would on its own. This is what's known as the Entourage Effect.

Very happy right now.

It stinks.

That's seriously one of the most popular prohibition arguments now.

Its dumb.