Lt. Gov. Patrick: Veto of Texas THC ban makes medical marijuana expansion ‘worthless’

AUSTIN - Following a last-minute veto of Senate Bill 3, the Texas ban on THC consumables, Lt. Gov. Dan Patrick is criticizing Gov. Greg Abbott’s decision as it relates to medical marijuana. 

Abbott signed House Bill 46 on Friday, expanding the Texas Compassionate Use Program (TCUP), which Patrick says Sunday’s veto has essentially crippled.

Texas medical marijuana expansion

Dig deeper:

Lawmakers this session voted to expand the state's compassionate use program to include people in hospice and those with chronic pain as defined by the Texas Medical Board.

The expansion allows for new changes in how THC can be delivered by approving aerosol and vapor products, like vape pens. Current law only allows for products that can be swallowed. 

House BIll 46 also increases the number of dispensers in the state.

Texas originally passed a bill in 2015 to allow doctors to prescribe low-THC marijuana for people with epilepsy.

Over the years, the state legislature has added more qualifying conditions to the program. HB 46 would also add traumatic brain injuries, chronic pain, Crohn's disease and terminal illnesses to the list of qualifying conditions.

Here is a list of the current qualifying conditions currently under Texas' Compassionate-Use Program:

• Epilepsy
• Seizure disorder
• Multiple sclerosis
• Spasticity
• Amyotrophic lateral sclerosis (ALS)
• Autism
• Cancer
• Incurable neurodegenerative disease
• Post-traumatic stress disorder
• A medical condition that is approved for a research program

TCUP is ‘Worthless Now’

In a press conference on Monday, Patrick said that due to Abbott’s controversial veto, TCUP is "worthless now." He praised House Bill 46, which now includes those with PTSD, Crohn’s disease, cancer and others in Texas’ medical marijuana program. He then asked who would bother to use the program if they can "go to any smoke shop and get what they want."

The backstory:

SB 3 would have banned the sale or possession of any THC consumable, including hemp-derived marijuana alternatives like delta 8, as well as imposing increased punishments for those violations. 

The Senate made their final decision on the bill on May 27, after which it sat on the governor’s desk for nearly a month before Abbott killed it on Sunday. Had Abbott neglected to either veto or sign the legislation, it would have become law the following day.

Patrick noted that Abbott’s Sunday proclamation regarding the veto contained the governor’s line of reasoning for the decision. Patrick said he does not believe the arguments are valid. Abbott's full proclamation can be read below:

In a statement on X on Monday, Patrick said Abbott had "remained totally silent" on the bill. In the later press conference, Patrick claimed that Abbott had implied he planned to sign the bill, allegedly telling the lieutenant governor that his bill was "fine."

Lt. Gov. Patrick Criticizes Abbott's Veto

What they're saying:

Patrick claimed that the only reason TCUP was expanded was because Senate Bill 3 was expected to become law.

"The TCUP program, he signed that bill, that's worthless now. Here we pass maybe the best TCUP program, Texas for Compassionate Use, to address those with PTSD, cancer, Crohn's disease, we add it. Who's gonna go there now when they can go to any smoke shop and get what they want? That's why no one grew their licenses before."

The lieutenant governor questioned who may have persuaded Abbott to apparently change his mind about the THC ban.

"What happened? Who convinced him? On his staff? From the outside? To kill Senate Bill 3. And I, look, we'll work with the governor. We'll see what happens in the special session. But where has he been all session? Where's he been?"

Patrick also called into question where the THC consumable industry is getting their products from, calling claims that the products are tested and regulated through the DHS "BS."

"We have no idea who's making this product. Are they terrorists? Is this a terrorist money laundering scheme in Texas? Is it a cartel money laundering scheme? You know, someone told me I better watch my step. This is what someone told me. I better watch my step. This whole idea by the industry again saying, well, these are mom-and-pop businesses. No, they're not. There may be a few. This is all orchestrated."

Gov. Abbott Calls for Special Session

What's next:

Now that the time has passed for Abbott to sign or veto bills passed in the 89th Legislative Session, he has called for a special session to address noteworthy items, most notably his down-to-the-wire Senate Bill 3 decision. It's expected that the session will include an attempt to introduce THC regulation as an alternative to an outright ban.

In a press release about the special session, Abbott said it would begin on July 21. The list of agenda items for the session are as follows:

• 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 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 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.

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