AUSTIN (Nexstar) — Less than an hour before Texas Senate Bill 3 — a proposed THC ban — would've passed into law unsigned, Gov. Greg Abbott vetoed it. The eleventh hour action was accompanied by a call for a special session starting on July 21 to strongly regulate hemp, which Abbott says Texas "must do immediately."
Gov. Abbott vetoes THC ban, calls upcoming special legislative sessionThe strongest push for SB 3 came from Lt. Gov. Dan Patrick, who previously hosted a confrontational news conference in support of the bill after it had already been sent to Abbott's desk. While Patrick's toss of THC-A infused cereal bites at the reporter pool stole headlines, his response to questions about a potential veto are more paramount in hindsight.
“I speak to the governor every day,” Patrick said in response to the third question asking him if he was afraid about a veto.
“About this?” a reporter asked.
“Look, I’m not going to speak for the governor, OK?” Patrick said. “He will do what he’s going to do. I have total confidence in the governor. You will know his decision when he makes it. The reason I’m here today is for you to tell the story. I’m not worried about the governor understanding it. I’m worried about you all understanding it.”
On Sunday night, Patrick posted his disappointment on social media.
"Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas," Patrick wrote. "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."
He also announced a news conference for Monday at 12:30 p.m. KXAN will livestream that press conference in the video player above and on social media.
'It would never go into effect': Abbott says SB 3 possibly unconstitutional
In his veto proclamation, Abbott called SB 3 "well-intentioned" but likely to face significant legal challenges.
"It would never go into effect because of valid constitutional challenges. Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable," Abbott wrote. "If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuses unaddressed. Texas cannot afford to wait."
Abbott called upon Arkansas as an example, the only state to pass a similar measure into law. However their effort still hasn't gone into effect, as federal courts have put the implementation on pause.
"Their law has sat dormant, meaningless, having no effect for nearly two years while further legal proceedings play out. That result must be avoided in Texas," Abbott wrote. He said SB 3 conflicts directly with federal law, making it constitutionally problematic. "It therefore criminalizes what Congress expressly legalized and puts federal and state law on a collision course: Today, federal law promises Texas farmers that they may grow hemp without fear of criminal liability. But under Senate Bill 3, the seeds used to grow those plants are 'consumable products'—currently available in stores—and they naturally contain cannabinoids. What's a Texas farmer to do? Trust the federal government's promise, or fear criminal liability from the State?"
He also worries about running afoul of the fifth amendment by seizing private property.
"While states may restrict the use of dangerous contraband, it is a different thing entirely to change the rules in the middle of the game, thereby interfering with "distinct investment-backed expectations" in property," Abbott wrote. "Allowing Senate Bill 3 to become law—knowing that it faces a lengthy battle that will render it dead on arrival in court-would hinder rather than help us solve the public safety issues this bill seeks to contain."
'How did we get here?': Abbott calls for a special session
"The problem THC poses for our communities is real. Earlier this year, a 15-year-old in Houston took a large amount of hemp gummies. When he suffered a "bad reaction," he called 911, then shot his mother and his sister repeatedly. Just this month, two teens distributed hemp products at a graduation party in Prosper. The celebration ended early when seven high school students had to be rushed to a hospital," Abbott wrote. "How did we get here?"
Abbott said bad actors are to blame for using the federal government's farm bill to legalize hemp and creating intoxicating products. In his veto proclamation, he called for the legislature to tackle these topics relating to intoxicating hemp:
Criminalizing sale to minors Banning sales near schools, churches, parks, playgrounds, etc. Requiring child-safe packaging Banning packaging that appeals to children Requiring permits to sell to those under 21 Banning the mixture of THC and other psychoactive substances, including alcohol and tobacco Requiring testing at all phases of the product Keeping manufacturing and processing facilities up to food safety rules Requiring sellers to maintain warning signs Limiting sale hours Preventing Sunday sales Limiting the raw amount of THC in each product Limiting how many products a consumer can buy in each purchase Requiring a surgeon general-style warning on the label Punishing fake lab results as a felony Punishing public consumption and on-site consumption Allowing local government to prohibit or limit consumable hemp selling Levying excise taxes on the productsThe special session will start on July 21 and run for 30 days.
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