Texas THC ban: Gov. Abbott vetoes SB 3, places it on special session agenda
Texas Gov. Greg Abbott has officially vetoed Senate Bill 3, which would have effectively banned THC products in the state.
However, SB 3 is now one of several issues on the table for a special session to start in July.
Senate Bill 3 veto
What they're saying:
In his full veto proclamation, Abbott called SB 3 "well-intentioned" but that it would never go into effect "because of valid constitutional challenges".
Abbott also noted a similar ban in Arkansas, which was halted by a federal court after it was passed in 2023.
"The result in Arkansas? Their law has sat dormant, meaningless, having no effect for nearly two years while further proceedings play out. That result must be avoided in Texas," said Abbott in his proclamation.
Abbott's proclamation instead calls for a regulatory framework that "protects public safety, aligns with federal law, has a fully funded enforcement structure, and can take effect without delay."
He said that instead of a ban, legislators could consider a structure similar to how alcohol is regulated, with "strict enforcement by an agency like the Texas Alcoholic Beverage Commission."
Proposed regulations
He also provided a non-exhaustive sample list of possible regulations, including:
- 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 (for example, 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 subjected to permitting and food safety rules
- Permit and registration fees must suffice to support robust enforcement and testing by the TABC, 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 contents, 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
"Texas needs a bill that is enforceable and will make our committees safer today, rather than years from now," Abbott said.
Read Abbott's full veto proclamation for SB 3 here and below:
Dan Patrick reacts to Abbott's veto
The other side:
Lt. Gov. Dan Patrick posted his reaction to Abbott's veto on social media late Sunday night, saying:
"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. I feel especially bad for those who testified and poured their hearts out on their tragic losses. I will have much more to say at a press conference tomorrow in Austin."
Governor Abbott may have screwed the pooch. On the recent CBS Poll 70% of Texans were against Governor Abbotts Veto.
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