Texas THC ban: Gov. Abbott vetoes SB 3, places it on special session agenda

Dan Patrick reacts to veto of SB 3

Texas Lt. Gov. Dan Patrick accused Gov. Abbott of wanting to legalize recreational marijuana. Late Sunday night, Gov. Abbott vetoed SB 3, which would have banned the sale of most consumable hemp products

AUSTIN, Texas - 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

FULL: Texas Lt. Gov. Dan Patrick on SB 3 veto

Texas Lt. Gov. Dan Patrick speaks after Gov. Greg Abbott announced he had vetoed Senate Bill 3, which would have banned THC products in the state of Texas. Abbott is instead calling for regulations instead of an outright ban. Patrick has been a strong supporter of SB 3.

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."

The lieutenant governor also held a news conference on Monday, slamming the governor's last-minute decision.

"One can only come to this conclusion, which surprises me, the governor of the state of Texas wants to legalize recreational marijuana in Texas," Patrick said.

Patrick argued against points brought up by the governor in his veto proclamation, including concerns about lawsuits.

"Since when did we care who sued us when we passed a bill?" the lieutenant governor said. "I'm sure if they haven't already, they're going to sue us on school choice and the 10 Commandments [displayed in schools]. And they're going to file a [lawsuit] on the prayer bill. We deal with lawsuits all the time. So that shouldn't be a surprise."

Patrick also said he was confused because he claims the governor had told him not to worry about the approval of SB3. The lieutenant governor said he did not get a call from the governor before the decision.

"The last time I talked to the governor in the Capitol before session, he said, don't worry about the bill. He said, ‘your bill is fine.’ That's what he told me in front of witnesses. In fact, he asked a couple of lawyers of my staff. He said, ‘can you give me some answers I can give? Because when I sign this, I need some answers to give.' So what happened?" Patrick said.

The lieutenant governor says that allowing THC products in the state could have a large impact.

"Who are we as a state? We think we're going to attract business here if we've got a bunch of people high on marijuana at very high levels? Is that who wants to come here and build their plant here, open up a business, move their family here? We're not Colorado, and we're not Oregon, and we are not Washington state. We're Texas," Patrick said.

The lieutenant governor said he's not mad at Gov. Abbott.

"I'm not mad at governor, but I'm not going to legalize marijuana in Texas. And if people want to vote me out of office for that, so be it. Not gonna do it," Patrick said.

What they're saying:

Gov. Abbott responded to Patrick's claims in a statement.

"Governor Abbott has always shared the Lieutenant Governor's desire to ensure that THC products are not sold to our children and that the dangerous synthetic drugs that we have seen recently are banned. SB 3 was well intentioned but legally flawed and this is why he is putting it on the special session agenda so that it can be fixed, improved and signed into law. We should not risk years of potential legal battles when we can fix the bill and protect kids now. Governor Abbott looks forward to working with the legislature to pass a strong bill that is on sound legal footing."

Special Session set for July 21

What's next:

Abbott has called for a special session to begin on Monday, July 21 with an initial list of agenda items:

Senate Bill 3: Relating to the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products
Senate Bill 648: Relating to recording requirements for certain instruments concerning real property
Senate Bill 1278: Relating to an affirmative defense to prosecution for victims of trafficking of persons or compelling prostitution
Senate Bill 1758: Relating to the operation of a cement kiln and the production of aggregates near a semiconductor wafer manufacturing facility
Senate Bill 2878: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government

Other vetoes by Abbott

Dig deeper:

Abbott says he signed 1,155 bills into law and vetoed only 26 from the recent legislative session.

Those vetoed include:

House Bill 305: Relating to the time period for conducting pretrial hearings after a criminal defendant has been restored to competency
House Bill 353: Relating to creating the criminal offense of trespass on or near school or day-care center property
House Bill 413: Relating to the release of certain defendants detained in jail pending trial
House Bill 449: Relating to the unlawful production or distribution of sexually explicit media using deep fake technology
House Bill 705: Relating to the Cosmetology Licensure Compact; authorizing fees
House Bill 1690: Relating to an application for a permit for the transfer of groundwater out of a groundwater conservation district
House Bill 2243: Relating to the creation of the Texas Commission on Teacher Job Satisfaction and Retention
House Bill 2520: Relating to the open meetings law
House Bill 3120: Relating to certain duties of the owner or operator of a residential child detention facility
House Bill 4530: Relating to water rights placed in the Texas Water Trust and the Texas Water Bank
House Bill 4885: Relating to the disclosure of confidential juvenile records to a managed assigned counsel program
House Bill 5671: Relating to the election of directors for and the authority to issue bonds of the Johnson County Special Utility District
Senate Bill 3: Relating to the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products
Senate Bill 268: Relating to the procedure for certain complaints against health care practitioners
Senate Bill 378: Relating to certain prohibited practices by a barber or cosmetologist
Senate Bill 614: Relating to the authority of the Texas Forensic Science Commission to review and refer certain cases to the office of capital and forensic writs
Senate Bill 648: Relating to recording requirements for certain instruments concerning real property
Senate Bill 974: Relating to the eligibility of a person employed by a school district as a teacher to serve on the appraisal review board of an appraisal district; creating a criminal offense
Senate Bill 1032: Relating to the eligibility of postsecondary educational institutions to participate in the governor's university research initiative
Senate Bill 1253: Relating to impact and production fees for certain water projects and to the regulation of certain wells; authorizing a fee
Senate Bill 1278: Relating to an affirmative defense to prosecution for victims of trafficking of persons or compelling prostitution
Senate Bill 1838: Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity
Senate Bill 1937: Relating to the testing of evidence containing biological materials in capital cases
Senate Bill 2111: Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant
Senate Bill 2501: Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship
Senate Bill: 2878: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government, including court security, court documents and arrest warrants, document delivery, juvenile boards, constitutional amendment election challenges, mandatory expunction for certain persons, record retention, and youth diversion; increasing a criminal penalty; authorizing fees