OPINION: The Problem with Texas’ THC Ban
By: Maya Tinajero, Skyline Editor
ALPINE – The legality of marijuana has always been a contentious topic of debate within the state of Texas. However, a new bill made possible by a ruling from the Texas Supreme Court has created even more intense restrictions on hemp-derived THC products. As said by Democrat U.S. Senate candidate James Talarico in a 2025 House debate, “We (state politicians) are now telling full grown adults how to live their lives. This is the nanny state at its worst.”
Hemp-farming has been legal in the state since 2019; however, in 2021, the Texas Department of State Health Services attempted to define the delta-8 variant as a controlled substance. Following this attempt by the DSHS, several injunctions were filed by hemp retailers, allowing many local shops to continue their sales. However, in May of this year a ruling from the Texas Supreme Court permitted the DSHS to enforce its new classification of non-delta-9 hemp as an illegal Schedule I drug like heroin.
The first issue this ban brings is obvious, a severe lack of clarity. Conflicting public descriptions of which hemp-products may be bought and sold within the state create a level of uncertainty within retailers as well as consumers. Punishments for this uncertainty are no small matter either, as they can range from a misdemeanor, license suspension, or even a felony.
According to the Defense Information Systems Agency in government website 24 states “permit non-medical adult marijuana use” while 41 states “permit comprehensive medical marijuana programs.” With these new restrictions, Texas has now created state law that permits only certain CBD products as well as low THC products with no comprehensive medical or recreational marijuana program.
Both state and federal governments have the responsibility to respond to legitimate public safety concerns; however, an appropriate response is what Texas officials are missing. While bans have proven effective, they aren’twithout cost. According to the Texas Tribune, the July 31 ban has resulted in billions of dollars in lost revenue, as well as stranded inventory across the state.
Lieutenant Governor Dan Patrick has long been one of the key players in the aggressive push to ban THC. In Dec. of 2024, Patrick launched a major legislative initiative to ban all consumable THC and hemp-derived products. “We are not going to allow these retailers to circumvent the law and put Texans’ lives in danger,” Patrick said. The Senate Three bill was eventually vetoed by Governor Greg Abbott. However, it brought much attention to the possible hypocrisy of the conservative plight against THC. As reported by Marijuana Moment, a digital news site, Patrick received $275 k in donations from beer distributors and alcohol PACs and isn’t the only conservative Texan politician to do so.
According to the National Institute on Drug Abuse, cannabis use among adolescents has been shown to negatively affect memory as well as academic function. NIH has also found that THC can trigger psychotic episodes in a small percentage of users; however, many of the same issues can be caused by alcohol consumption. Despite alcohol consumption causing long-term effects such as anxiety, depression, as well as size reduction in multiple parts of the brain, Texas officials do not target those industries the way they target THC. The question all Texans should be asking is why?