Texas’ state legislature is considering a measure that would ban hemp products, putting nearly 10,000 businesses out of commission.
Senate Bill 3, introduced by state Sen. Charles Perry, aims to ban all hemp-derived cannabinoids except for CBD and CBG. If passed, the bill would outlaw THC variants like Delta-8 and Delta-9.
The bill imposes serious criminal penalties on those who manufacture, deliver, or possess these products. Punishments range from fines to up to one year in prison for possessing the substance and between two to ten years for manufacturing it.
For those who are unfamiliar with these products, Delta-8 and 9 are two compounds found within cannabis plants. They are similar to traditional marijuana in that they are both different types of THC, the chemical that causes intoxication. Delta-8, however, is like a milder form of marijuana. Delta-9 is stronger. But both give a “stoned” sensation to those who use them. They can be consumed through smoking, vaping, or eating.
These types of cannabis products were made legal through the federal Hemp Farming Act of 2018 and state law legalizing hemp products other than marijuana. The laws did not include a cap on THC levels in Delta-8 and other products.
Proponents claim that these products are harmful – even more harmful than traditional marijuana. Allen Police Chief Steve Dye told CBS News that these products are stronger and more addictive than in days past. He claimed to have found products with THC levels as high as 78 percent.
However, political commentator and owner of Shell Shock CBD, argued that they have a positive benefit – especially for veterans experiencing PTSD. While testifying before the state legislature, he said, “Texans don’t want this. Let us be. Let combat veterans be. If we want to have a blunt, it’s no different than having an old-fashioned and kicking back.”
He pointed out that many veterans and others use THC instead of resorting to opioids, which are actually addictive. "How many people have died from THC? None. How many people have died from alcohol, tobacco, and firearms? But we don't ban those." he argued.
He further argued that this bill would create a black market and that prohibition “has never shown us to be a successful recipe for enforcement of any drug in the history of our country.”
When asked for comment about the bill, Burk told Townhall, "it’s not about safety; it’s about money and control. If it was about safety then we’d be banning fast food, being heart disease is the leading killer of Americans."
Diane Goldstein, a retired police lieutenant, penned an op-ed in which she argued that it would “stand in the way of upholding public health and safety.”
After years of witnessing the failures of drug prohibition, I believe this approach will only create more problems for law enforcement and the public.
Such bans typically fail because they do nothing to stem demand. As prohibition forces out the legitimate manufacturers and retailers who had been operating legally, less scrupulous actors, including elements of organized crime, will jump at the opportunity to expand their customer base. This shift to the illicit market creates the potential for much graver harm, due to nonexistent product standards and the presence of sellers who may also be involved in other illegal activity, including human trafficking, gun-running and the sale of deadly drugs such as fentanyl.
The former officer further asserted that the prohibition “would place additional strain on police departments, many of which are already struggling to tackle the serious crimes that present the largest threat to public safety.”
This bill is yet another example of nanny state nonsense that would needlessly turn countless numbers of Texans into criminals without providing any real benefits. There is no valid justification for throwing someone in a cage because they decide to consume a substance – especially one that is less harmful than alcohol and tobacco.
It is also worth noting that it will destroy a multi-billion-dollar industry while putting many Texans out of work. Moreover, as Goldstein said, people will continue to consume the product anyway because the demand has not decreased.
Many people use marijuana, Delta 8, and Delta 9, to deal with physical and mental pain. Others use it to help them relax. Why should the state be empowered to dictate to them what they consume in their private lives?
The role of government is to protect our rights. Banning these products does not serve this purpose. Instead of having law enforcement target people who enjoy lighting one up to unwind after work, it would be more beneficial for them to focus on actual threats, those who commit violent offenses or violate property rights. Perhaps Texas state lawmakers should focus on addressing real issues while alleviating the economic burdens people are facing instead of trying to be everyone’s parent.