As Texas weighs banning consumable hemp containing THC, Austin shop sees 'stock buying'
Senate Bill 3, authored by state Sen. Charles Perry, R-Lubbock, would ban Texas businesses from selling or manufacturing 'a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG),' both of which are non-psychoactive compounds, meaning they don't produce the "high" feeling. The Senate last month passed SB 3, which is priority legislation for Lt. Gov. Dan Patrick, who presides over the upper chamber. The House State Affairs Committee heard testimony on the bill April 7 and left the proposal pending.
Estella Castro, who owns Austinite Cannabis Co. on East Cesar Chavez Street, has seen many senior citizens and veterans 'stock buying' consumable hemp products since SB 3 and House Bill 28, which also seeks to restrict the products, move through the Legislature. The House State Affairs Committee also heard testimony on HB 28 on April 7.
'It's terrible to have somebody thinking that (these products) are going to go away and they're on a fixed income, and they have to budget that gummy or that tincture in there,' Castro said. 'So we've been giving some veterans ... discounts because we've had such a huge amount of people coming out and stock buying because they're scared.'
In 2019, a law sponsored by Perry legalized the production, manufacturing and sale of hemp in Texas, and inadvertently approved consumable products with up to 0.3% THC, the primary psychoactive component in the cannabis plant. In just six years, the Texas hemp industry created over 53,000 jobs and represents an estimated economic impact of $10 billion, according to Austin Monthly.
More than 8,000 businesses, including everything from gas stations, convenience stores, vape shops, dispensaries and apothecaries, sell a similarly wide range of THC products in the state. SB 3, however, would ban all consumable hemp products, including gummies, pre-rolls, smokable flower and infused drinks. HB 28, authored by Rep. Ken King, R-Canadian, would ban all smokable and edible consumable hemp products except for infused drinks. The bill would bring the regulation of those drinks under the Texas Alcoholic Beverage Commission.
The Senate and House proposals come amid concerns from doctors and parents that many potent THC products are too accessible to minors and those whose brains are still developing, which the National Institutes of Health suggests may take until one reaches their mid-to-late 20s.
The consumption of high-dose cannabinoids by adolescents leads to an increased risk of addiction and psychosis, which can lead to severe mental health disorders, according to a spokesperson for the Texas Medical Association, who is also a pediatrician.
'About 50% of them (adolescents who experience psychosis because of cannabinoid consumption) develop a formal diagnosis of schizophrenia or bipolar disorder," the spokesperson said.
Patrick, who is an ardent supporter of banning all consumable hemp products, calling it a 'life and death issue,' has threatened to hold parts of Gov. Greg Abbott's agenda hostage to get him to call a special session if consumable hemp isn't prohibited by the end of the legislative session in early June.
Patrick points to myriad of cannabinoid compounds such as THCa (tetrahydrocannabinolic acid), CBN (cannabinol), Delta-8 and others found in many products being legally sold across the state as being impossible for the state to keep up with effectively.
'You just can't regulate it. You've gotta take it out,' Patrick told the Texas Tribune. 'You're never going to be able to regulate it.'
Patrick, who alleges many businesses are selling THC products to minors, investigated the issue himself and visited the Happy Cactus Apothecary in South Austin last month. In security camera footage of the encounter, Patrick seemed to expect not to have to show identification, but the business refused despite the 75-year-old clearly being of legal age.
'I'm Dan Patrick,' he reportedly replied, but the employee stuck to the store's policy of requiring identification.
Brothers Mickey and Todd Harris, who own Happy Cactus, believe Patrick targeted their business due to its proximity to Crockett Early College High School and because it sold two joints to a Texas Monthly reporter last year that were above the 0.3% THC limit, according to lab testing.
'We showed him all of our testing,' said Todd Harris of the encounter with Patrick. 'We showed him that our limits are low. He even mentioned that he supports shops doing it like us, which is very different from his attitude in the media.'
Patrick didn't purchase anything at the shop, but according to the Harris brothers, customers in his age group represent a significant portion of their business.
'Our clientele is pretty expansive, but I'd say most of them are looking for help with sleep, chronic pain or PTSD,' Mickey Harris said. 'We have a pretty large 55 (years old) and up clientele base.'
'Twenty-one to 100" years old, Todd chimed in. 'We do get a pretty big range. We have 80-year-olds coming in.'
As the House State Affairs Committee heard testimony on the bills this month, Castro, the owner of Austinite Cannabis Co., her entire staff and hundreds of others flocked to the Capitol to lay out their case. Although Castro and her staff left after waiting more than 14 hours to testify, the Harris brothers were able to plead their case.
'For anybody that thinks that they can't get involved, they can,' Castro said. 'Everybody has a voice. We're not out of time yet. Challenge your lawmakers and ask questions. There's always room for help in this fight.'
This article originally appeared on Austin American-Statesman: Austin shop sees panic buying as Texas weighs banning consumable hemp
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