Texas hemp THC businesses hoping to dodge a bullet thanks to House Democrats packing their bags and leaving town had better not hold their breath.
Republican Gov. Greg Abbott said Aug. 12 that should the Texas Legislature sine die (or adjourn) this Friday from a special session due to House Democrats breaking quorum in an attempt to derail his redistricting plan, he’ll just call another special session with the same agenda.
That agenda also includes the governor’s call to regulate consumable hemp products containing THC or other intoxicating cannabinoids; however, Texas lawmakers continue to push a much more prohibitive proposal to ban those products entirely.
“With the Texas House and Senate today announcing they are prepared to sine die on Friday, I will call the Texas Legislature back immediately for Special Session #2,” Abbott said Aug. 12. “The Special Session #2 agenda will have the exact same agenda, with the potential to add more items critical to Texans. There will be no reprieve for the derelict Democrats who fled the state and abandoned their duty to the people who elected them. I will continue to call special session after special session until we get this Texas first agenda passed.”
For many hemp industry stakeholders, the Texas House Democrats’ scheme to avert redistricting also represents a lifeline to protect roughly 8,000 businesses that provide a $10.3 billion economic impact on the state, employing some 50,000 workers, according to Whitney Economics.
The Texas Constitution requires two-thirds of state representatives, or 100 of 150 House members, to be present to reach a quorum and conduct legislative business, meaning if more than 50 representatives don’t show up, then everything comes to a halt.
Led by Texas House Democratic Caucus Chair Gene Wu, about 57 state representatives left the state earlier this month to block the chamber from voting on a congressional redistricting plan that could add five Republican seats to the U.S. House. The redistricting ploy could protect Republicans’ slim majority in Washington come the 2026 midterm election.
On Aug. 3, Illinois Democratic Gov. J.B. Pritzker welcomed Wu and other Texas Democrats to Chicago in support of their quorum-busting walkout. Other Democrats reportedly fled to Boston and Albany, N.Y. In Chicago, Wu accused Abbott of submitting to President Donald Trump’s call for Texas to redistrict via a “racist gerrymandered map” that will divide communities.
“We’re not here to have fun,” Wu said during a press conference that Pritzker hosted. “We did not make a decision lightly, but we come here today with absolute moral clarity that this is the absolutely the right thing to do to protect the people of the state of Texas.”
Wu also pointed out that while Texas Republicans wasted no time focusing on the redistricting map when the 30-day special session convened on July 21, they had nothing to show for in the first two weeks regarding legislation to improve early warning systems and other preparedness infrastructure in flood-prone areas. Abbott called for these improvements in the aftermath of the Central Texas flooding in early July, which resulted in more than 130 fatalities.
“They don’t even have a bill filed to deal with what they promised the deal with,” Wu said of disaster preparedness legislation. “Instead, they have spent their entire time playing dirty political games that only help themselves.”
The Texas Senate, which didn’t break quorum, finished up its special session business on Aug. 12, after passing 16 bills related to the governor’s call. Specifically, the natural disaster preparation and flood relief bills were the last the Senate focused on.
Lt. Gov. Dan Patrick, who presides over the Senate, touted the upper chamber for acting “quickly to develop a comprehensive plan to improve disaster preparedness and recovery,” including upgrading early warning systems, despite claims that he had neglected similar legislation during the regular session.
Democratic state Rep. James Talarico accused Patrick of playing a political game by blocking House-passed legislation that aimed to establish an emergency response plan for natural disasters like wildfires and floods—before the Central Texas flooding—so that he could attract support for Senate Bill 3, which aimed to ban intoxicating hemp products. Abbott later vetoed S.B. 3, calling for regulation instead.
“[Patrick] held that [House] bill hostage so that he could get his THC ban through,” Talarico said July 18 on The Joe Rogan Experience, a popular podcast.
Abbott clarified at the onset of the special session that he supports regulating a hemp industry for those 21 and older that limits consumable products to 0.3% THC or 3 milligrams of THC, while also banning products containing synthetic cannabinoids like delta-8 THC.
Despite this clarification from the governor, Patrick and state Sen. Charles Perry pushed S.B. 5 through in the special session, legislation that mirrored S.B. 3 from the regular session to ban hemp THC products. They passed S.B. 5 two weeks before the natural disaster preparedness legislation.
“I made Senate Bill 5 a top legislative priority for the Senate because we refuse to let these rogue retailers exploit loopholes in state law to sell dangerous THC products into our communities,” Patrick said on July 30. “These products, often containing dangerous levels of THC, are marketed directly towards young people with colorful packaging and images, making THC look like candy or sweets.”
While House Democrats left the state before the full lower chamber could take up S.B. 5, the Texas House Public Health Committee scheduled a hearing for the THC ban on Aug. 13. Despite the unlikelihood that the House will have a quorum to pass S.B. 5 before the end of the first special session, the hearing offers an opportunity for industry stakeholders to delivery testimony and take a public stand.
As the Senate worked toward finishing up the remainder of its agenda items earlier this week, Patrick said on Aug. 12 that House Democrats have “made their point” and now face a choice.
“They should return from their ‘vacation’ before Friday and pass the bills on the governor’s special session call,” the lieutenant governor said. “If not, the Texas Senate will adjourn sine die on Friday so Gov. Abbott can immediately call us back for another special session. This will continue in perpetuity. … The decision is theirs.”
From the governor’s office, Abbott ordered the Texas Department of Public Safety to arrest the “delinquent” House Democrats who “abandoned” their duty.
