‘This is what everybody wants’: San Antonio THC retailers relieved as Gov. Abbott vetoes ban, urges regulation instead
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‘This is what everybody wants’: San Antonio THC retailers relieved as Gov. Abbott vetoes ban, urges regulation instead
Gov. Greg Abbott vetoed a proposal to ban THC and most other consumable hemp products. Abbott urged legislators to consider regulating the products in a manner similar to alcohol. A ban would likely have meant closing the doors at up to six of seven San Antonio locations. Lt. Gov. Dan Patrick, who led the charge for a ban, blasted the governor’s veto at a Monday news conference.“The governor of the State of Texas wants to legalize recreational marijuana in Texas,” Patrick said.‘This is perfect. Yeah, this is what everybody wants. This is what everyone wants,’ said Jameel Walji, the owner of Mellow Monkey, a San Antonio smoke shop. “Like I said, as long as we’re still able to sell most of our products to people, we can definitely work around it,�” said Emmanuel Teka, a business operator with Mary Jane’S CBD Dispensary, which sells THC-based products.
Instead, Abbott urged legislators to consider regulating the products in a manner similar to alcohol. He has included the issue in a July 21 special session and suggested various regulations, such as product testing, packaging restrictions, age restrictions, permitting and fees.
“This is perfect. Yeah, this is what everybody wants. This is what everyone wants,” laughed Jameel Walji, the owner of Mellow Monkey, as he looked over Abbott’s proposed regulations.
Emmanuel Teka, a business operator with Mary Jane’s CBD Dispensary, said up to 85% of their products are THC-based. A ban, Teka said, would likely have meant closing the doors at up to six of their seven San Antonio locations.
“I don’t think any of these will be an issue for us,” Teka said of the proposed regulations. “Like I said, as long as we’re still able to sell most of our products to people, we can definitely work around it.”
Tetrahydrocannabinol (THC) is the principal psychoactive component of marijuana. While marijuana is still illegal, the legalization of hemp under the 2018 U.S. Farm Bill and a 2019 Texas law inadvertently paved the way for a multibillion-dollar industry of hemp-derived products, including variations of traditional THC, that give users a “high.”
Senate Bill 3, which Abbott vetoed Sunday night, would have outlawed most of the edibles, vapes, gummies and smokable flowers that Texans can buy over the counter.
Only cannabidiol (CBD) and cannabigerol (CBG) products, which are generally not considered to provide a high, would have remained legal.
Lt. Gov. Dan Patrick, who led the charge for a ban, blasted the governor’s veto at a Monday news conference.
“The governor of the State of Texas wants to legalize recreational marijuana in Texas,” Patrick said. “That’s the headline, folks, because that’s what his proclamation does. Now, whether it’s unintentional and he didn’t think through it, or whether it is intentional, that’s the result of the veto.”
“You cannot regulate 8,000 stores. Law enforcement knows that,” the lieutenant governor said.
Patrick told reporters he is “staying with the ban,” but it’s unclear if that matters.
Senate Bill 3 lacked the two-thirds majority support in the House (87-54, 1 not voting) needed to override a veto. The lieutenant governor said he doesn’t believe an override is an option during a special session.
The full list of regulations Abbott suggested legislators consider includes:
Selling or providing a THC product to a minor must be punishable as a crime
Sales must be prohibited near schools, churches, parks, playgrounds and other areas frequented by children
Packaging must be child-resistant, tamper-evident and resealable
Products must not be made, packaged or marketed in a manner attractive to children
Any store selling these products must have a permit and restrict access to anyone under the age of 21, with strict penalties for any retailer that fails to comply
Products containing THC may not contain other psychoactive substances (e.g., alcohol, tobacco, kratom)
Testing must be required at every phase of production and manufacturing, including for both plants and derivative consumable products
Manufacturing and processing facilities must be subject to permitting and food safety rules
Permit and registration fees must suffice to support robust enforcement and testing by the Texas Alcoholic Beverage Commission, in partnership with other state agencies
An operator’s permit and warning/danger signs must be posted at any store selling these products
Sales must be limited to the hours between 10 a.m. and 9 p.m., and prohibited on Sundays
The amount of THC permissible in each product must be restricted and an individual may make only a limited number of purchases in a given period of time
Labels must include a surgeon general-style warning, a clear disclosure of all ingredients, including the THC content, and a scannable barcode or QR code linking to test results
Fraudulently creating or displaying manifests or lab results must be punishable as felony offenses
Public consumption, consumption on the premises of any store that sells these products and possession of an open container in a vehicle must be punishable as crimes
The Attorney General, district attorneys and county attorneys must have authority to pursue violations under the Deceptive Trade Practices Act
Local governments must have the option to prohibit or limit stores selling these products
Excise taxes must be assessed on these products to fund oversight and enforcement
Additional funding must be provided to ensure law enforcement has sufficient resources to vigorously enforce restrictions
The full veto proclamation can be read below.
sb3 by nkotisso on Scribd
The Associated Press contributed to this report.
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