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Don’t Ban THC in Texas: How Smart Regulation Can Benefit Everyone

Texas at a Crossroads: The Future of Hemp-Derived THC Products

It looks like Texas is at a pivotal moment in its approach to cannabis. While recreational marijuana remains illegal in the state, a booming market for hemp-derived THC products has emerged thanks to a loophole in the 2018 federal Farm Bill (Agricultural Improvement Act, 2018). However, the largely unregulated nature of this industry has raised concerns among lawmakers, some of whom are calling for an outright ban on all THC products (Najmabadi, 2023).

The proposed ban from Lieutenant Governor Dan Patrick risks eliminating access to valuable wellness tools like CBD oils and topicals, which have provided relief to countless Texans. Instead of resorting to prohibition, Texas should focus on implementing smart regulations to ensure consumer safety while preserving the economic and therapeutic benefits of hemp-derived products.


How Texas Became a THC Hub

In 2018, Congress legalized hemp through the federal Farm Bill, distinguishing it from marijuana based on THC content—hemp must contain no more than 0.3% Delta-9 THC by dry weight (Agricultural Improvement Act, 2018). Texas passed its own hemp legislation in 2019, allowing the cultivation and sale of hemp products (Texas Department of Agriculture, 2023).

What lawmakers didn’t anticipate was the explosive growth of the hemp-derived THC market, which now includes edibles, beverages, and vapes made from isomerized cannabinoids like Delta-8 THC. Texas is now home to over 7,000 cannabis-related businesses, more than California, despite maintaining a ban on recreational marijuana (Associated Press, 2023).

But with growth has come challenges—such as inconsistent quality, sales to minors, and public health concerns—all symptoms of a market operating without meaningful oversight (CDC, 2022).


The Benefits of CBD Oil

CBD oil, a non-psychoactive hemp-derived product, has become a staple wellness tool for many Texans. Research and user reports support its potential in a range of health areas:

1. Pain Management

CBD interacts with the endocannabinoid system (ECS) to help regulate pain and inflammation (Mechoulam et al., 2002). Texans dealing with arthritis, fibromyalgia, and neuropathic pain often turn to CBD as a non-addictive alternative to prescription painkillers (Iffland & Grotenhermen, 2017).

2. Mental Health Support

Studies suggest CBD has anxiolytic and antidepressant-like properties, offering relief for people struggling with anxiety and depression (Blessing et al., 2015).

3. Improved Sleep

CBD may help improve sleep duration and quality, particularly in individuals whose insomnia is related to anxiety or chronic pain (Shannon et al., 2019).

4. Accessibility

Because it’s derived from hemp, CBD oil is widely available, often without a prescription, making it more accessible and affordable than many conventional medications.


CBD Topicals: Relief Without the High

CBD topicals—like creams, balms, and lotions—offer localized relief without entering the bloodstream or causing psychoactive effects.

1. Localized Pain Relief

These products are effective for targeted treatment of inflammation and pain, especially in muscles and joints (Eskander et al., 2020).

2. Skin Health Benefits

CBD’s anti-inflammatory and antioxidant properties show promise in treating conditions such as eczema, acne, and psoriasis (Palmieri et al., 2019).

3. A Non-Invasive Option

For those reluctant to ingest cannabis products, topicals provide a safe and non-invasive alternative to experience the plant’s benefits.


The Case for Regulation

Despite their benefits, lack of regulation has led to problems in the hemp industry. A 2022 investigation found inconsistent labeling, contamination, and illegal THC levels in many products sold across the U.S. (Strongin, 2021).

Regulation Could:

  • Ensure Product Safety: Through third-party testing and labeling requirements.
  • Protect Minors: By enforcing age restrictions on all THC-containing products.
  • Supports the Economy: The Texas hemp industry supports over 60,000 jobs and brings in billions in revenue (Whitfield, 2023).
  • Reduce Black Market Demand: Since hemp THC products became legal, Border Patrol seizures of illegal marijuana dropped 72% between 2021 and 2023 (U.S. Customs and Border Protection, 2023).

The Consequences of Prohibition

Outright banning THC products would drive consumers to the unregulated black market, increasing the risk of contamination and misuse (CDC, 2022). It would also crush a growing industry that has provided significant economic and therapeutic value.

Many Texans—especially veterans managing PTSD and chronic pain—rely on these products for daily wellness (Bonn-Miller et al., 2014). Removing access would disproportionately impact those with the fewest alternatives.


A Balanced Path Forward

Texas can take the lead in responsible cannabis policy by adopting clear and enforceable regulations that protect public health without stifling economic opportunity.

Key steps include:

  • Mandatory Testing
  • Clear Product Labeling
  • Age Restrictions
  • Business Licensing and Oversight
  • Consumer Education

In Conclusion

Texas is at a crossroads. Lawmakers can either move forward with thoughtful regulation or fall back on outdated policies of prohibition. CBD oils and topicals have become essential wellness tools for many Texans. They deserve safe, legal access, not criminalization.

With smart regulation, Texas can protect consumers, support small businesses, and set the national standard for hemp-derived product oversight.


References (APA 7th Edition)

Agricultural Improvement Act of 2018, Pub. L. No. 115–334, 132 Stat. 4490 (2018).

Associated Press. (2023). Texas hemp industry explodes as legal loopholes fuel high-THC products. AP News. https://apnews.com

Blessing, E. M., Steenkamp, M. M., Manzanares, J., & Marmar, C. R. (2015). Cannabidiol as a potential treatment for anxiety disorders. Neurotherapeutics, 12(4), 825–836. https://doi.org/10.1007/s13311-015-0387-1

Bonn-Miller, M. O., Babson, K. A., & Vandrey, R. (2014). Using cannabis to help you sleep: Heightened frequency of medical cannabis use among those with PTSD. Drug and Alcohol Dependence, 136, 162–165. https://doi.org/10.1016/j.drugalcdep.2013.12.008

Centers for Disease Control and Prevention. (2022). Health effects of THC products: What you need to know. https://www.cdc.gov

Eskander, B. S., Spall, J., Spall, A., & Lee, M. (2020). Cannabidiol (CBD) and sports performance: A review of the literature. Current Sports Medicine Reports, 19(8), 314–319. https://doi.org/10.1249/JSR.0000000000000733

Iffland, K., & Grotenhermen, F. (2017). An update on safety and side effects of cannabidiol: A review of clinical data and relevant animal studies. Cannabis and Cannabinoid Research, 2(1), 139–154. https://doi.org/10.1089/can.2016.0034

Mechoulam, R., Parker, L. A., & Gallily, R. (2002). Cannabidiol: An overview of some pharmacological aspects. Journal of Clinical Pharmacology, 42(11), 11S–19S. https://doi.org/10.1002/j.1552-4604.2002.tb06098.x

Najmabadi, S. (2023). Texas lawmakers consider banning hemp-derived THC. The Texas Tribune. https://www.texastribune.org

Palmieri, B., Laurino, C., & Vadalà, M. (2019). A therapeutic effect of CBD-enriched ointment in inflammatory skin diseases and cutaneous scars. La Clinica Terapeutica, 170(2), e93–e99. https://doi.org/10.7417/CT.2019.2116

Shannon, S., Lewis, N., Lee, H., & Hughes, S. (2019). Cannabidiol in anxiety and sleep: A large case series. The Permanente Journal, 23, 18-041. https://doi.org/10.7812/TPP/18-041

Strongin, R. M. (2021). Toxic byproducts of cannabinoid vaporization: A call for regulation. ACS Omega, 6(5), 3562–3570. https://doi.org/10.1021/acsomega.0c05493

Texas Department of Agriculture. (2023). Texas hemp program: Rules and resources. https://www.texasagriculture.gov

U.S. Customs and Border Protection. (2023). Drug seizure statistics. https://www.cbp.gov

Whitfield, J. (2023). Hemp industry fuels thousands of Texas jobs. Texas Monthly. https://www.texasmonthly.com

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