Texas THC bill clash: Senate seeks ban while House proposes regulation for industry

SAN ANTONIO, Texas — The Texas Senate has passed Senate Bill 3, a measure that seeks to ban all consumable THC products across the state. The bill, championed by Lieutenant Governor Dan Patrick, aims to remove THC products from the hands of children.

"These shops - 8,000 around Texas - like another one here in the shopping center. Where are they close to? Our schools in Texas," said Patrick, emphasizing his concern about the proximity of smoke shops to educational institutions.

Patrick recently visited several smoke shops to assess their operations.

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"All said they weren't selling to kids," he noted.

The bill faces potential challenges in the Texas House, where a different approach is being considered. House Bill 28 proposes regulating the industry rather than imposing an outright ban. Cannabis lawyer Daniel Mehler, who represents various smoke shops in Texas, opposes the ban and advocates for regulation.

"As currently exists, there is no regulatory framework, there is no requirement for checking ID or age for purchases but the industry itself, we recognize the need for regulation and have already started imposing them on ourselves," said Mehler.

Mehler expressed skepticism about reconciling the Senate's prohibition with the House's regulatory proposal. "House Bill 28, which hasn't even been taken up by the House - there's no reconciling it. Should it pass, SB3, with a total prohibition, seemingly can't be reconciled with a comprehensive regulatory regime and that may lead to legislative failure on both sides of it, and make absolutely no change, which happens unfortunately way too often in Texas politics," he said.

The future of THC products in Texas remains uncertain as the legislative process unfolds.