Gov. Abbott vetoes Texas THC ban

Gov. Greg Abbott vetoed a bill Sunday that would have banned Texas sales of virtually all hemp products containing THC, the psychoactive compound in cannabis. Abbott also called a special session of the state legislature to begin on July 21, in part to deal with problems posed by the lack of regulation for THC consumables.

Gov. Abbott waited until shortly before midnight on Sunday to veto Senate Bill 3 — less than an hour before his deadline to make a decision on the legislation. In his veto proclamation, Abbott cited a 2023 federal district court ruling that has blocked a similar law out of Arkansas from taking effect, on the grounds that the law ran counter to the 2018 federal farm bill, which legalized the sale of hemp and prohibited states from banning it.

“If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuses unaddressed,” Abbott said. “Texas cannot afford to wait.”

Abbott spelled out the likely path for a special session, including enacting regulations that would ban the sale of THC consumables to minors and making such sales punishable as a crime, require strict product safety testing, and prohibit the marketing of THC products in a fashion likely to appeal to children.

“Passing a law is not the same thing as actually solving a problem,” Abbott said. “Texas needs a bill that is enforceable and will make our communities safer today, rather than years from now.”

Lt. Gov. Dan Patrick, the lead advocate for the ban, quickly responded on X.com.

“Throughout the legislative session, [Gov. Abbott] remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas,” Patrick wrote. “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.”

In a Monday press conference, Patrick resorted to even harsher language.

“In reading the proclamation, one can only come to this conclusion,” Patrick said. "The Governor of the State of Texas wants to legalize recreational marijuana in Texas."

Patrick said there were plenty of other legal precedents apart from the Arkansas case, which is still on appeal, that would support Texas’s ability to enact a total ban on THC. But even if there weren’t, he said that was beside the point.

"[Abbott] says Senate Bill 3 is well intentioned, but it would never go into effect because [of] valid constitutional challenges. Litigation challenging the bill has already been filed,” Patrick said. “Since when did we care who sued us because we passed a bill?"

Patrick said Abbott's special session call had put lawmakers in a box.

"If we do nothing, the status quo continues for the next 2 ½ years, 3 years, to the next session and till you can pass a law, which would be devastating to families,” Patrick said, “or we have to capitulate and vote for the lesser of two really bad evils."

Patrick said that he would fight anything short of regulation strict enough to put most stores selling THC out of business.

“I’m not going to legalize marijuana in Texas,” Patrick said, “and if people want to vote me out of office for that, so be it.”

Patrick, like Abbott, is running for reelection in 2026.

Texas currently has no age restrictions for purchasing THC products. Patrick and others demanded the ban in large part because they alleged the industry was targeting minors.

Abbott’s veto leaves the state’s multibillion-dollar hemp industry intact for now. The Hemp Industry & Farmers of America issued its own statement applauding the governor’s action. The organization said its members stood ready to work with the governor in making sure no one under 21 has access to hemp-based consumables, that stores are kept a safe distance from schools and churches, and to enforce truth in labeling requirements so that products were not marketed to children.

“The hemp industry looks forward to a collaborative policy making effort that protects Texas communities while preserving the economic development and job creation that this industry brings to the state of Texas,” the statement said.