Hemp Cleanup Bill voted out of committee and moves to Senate floor.

Rep Tracy King’s Committee Substitute (CS) hemp cleanup bill HB3948 was voted out of the Senate Agriculture committee with an 8-0 vote.

The hemp cleanup bill was given another committee substitute by Chairman Senator Perry that was considered controversial by some in the retail hemp industry. The new substitute placed language that covered the prohibition of synthetic THC that causes an intoxicating effect. The following is CS language given to TCC by Senator Perry’s staff.

Sec.443.006.TETRAHYDROCANNABINOL CONTENT.
(a)Notwithstanding any other law, a person may not manufacture, sell, or purchase a consumable hemp product in this state:
(1)that has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis;
(2)that contains synthetically derived tetrahydrocannabinols, as defined by department rule, including synthetically derived acids, isomers, or salts of tetrahydrocannabinol;
(3)that, in the form and quantity as packaged for consumer use, is reasonably determined by the department to have an intoxicating effect;
(4)that exceeds any federal limit for tetrahydrocannabinol; or
(5)if additional tetrahydrocannabinol in a concentration greater than 0.3 percent on a dry weight basis has been applied to the product.

Several people testified on the bill with the position of being for the bill. The typical testimony given by individuals testifying on the bill for it was either about how the crop has potential as a state commodity for livestock or will be an environment saver for the state. Testifying how this will be a bill that promotes the interest of farmers in Texas. Those that testified against the bill primarily did so to talk about how the exclusion of delta-8 would destroy revenue for the state and kill job growth in the sector gained during the COVID pandemic. Very few people testified on the bill neither for nor against it, discussing the good and bad and possible fallout that could happen from the bill. One example of that was a testimony speaking of how under the new synthetic guidelines research institutions and colleges may be restricted on their study of the isomers involved.

From the beginning, Senator Perry laid out that the intention of the Texas hemp bill in the previous session was to address the change in federal status of hemp and its uses as an industrial product. Perry further stated that the resulting market of oils was just an ancillary of the hemp industry and not the intent of the legislation at hand. This discussion further talked about how the issue of synthetics might be better suited in a program or legislation dealing with the Texas Compassionate Use Program.

Senator Drew Springer also asked at the beginning of the committee if anybody from DPS or the District Attorney’s Association was at the hearing. From there the Senator detailed how the last session with a hemp bill committee hearing, nobody from either agency showed up to testify on the topic. Springer outlined how those two groups then went on to claim that the legislature was negligent in addressing some issues and created a de facto legalization of marijuana.

The committee hearing lasted for about an hour and 15 minutes and had discussions back and forth between committee members and individuals testifying.

If the hemp cleanup bill passes with this language, it will go into effect on September 1, 2021.