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THIS WEEK IN AUSTIN: Special Session Highlights Round 2 with THC vape pens still outlawed, but not hemp-derived products

By Rita Cook
Correspondent
Texas Metro News

AUSTIN – While it is still uncertain if Texas Governor Greg Abbott will call for a third special session in the days ahead, there were a few victories for his party during the second special session.

And, while there had been the possibility of continuing the special session for several more weeks, instead it ended leaving a few dangling items that could require third session attention.

While much of Abbott’s agenda was pushed through by team red, that did not come without the cost of debate.

In fact, agenda items over abortion, bathrooms and over-the-counter ivermectin signaled a great divide that hung heavily in Austin between red and blue.

One possible law that many Texas were against was the THC ban. Lawmakers could not come to an agreement on how to regulate the sale of THC products and the ban was not passed.

Last week Governor Abbott did however sign an executive order banning THC sales to minors.

Key pieces of the executive order included not only a ban to sale hemp-based products to anyone under the age of 21, but also retailers are now required to verify the age of customers with a government-issued ID for all hemp products. If that is not adhered to state agencies will be allowed to revoke the licenses of retailers who do not follow the rules.

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The Texas Department of State Health Services (DSHS) will also strengthen testing and labeling requirements for hemp-derived products and increase licensing fees to support enforcement and record-keeping. The increased enforcement will becoordinated on a statewide basis between the DSHS, the Texas Alcoholic Beverage Commission (TABC), and the Department of Public Safety (DPS).

While Texas Lieutenant Governor Dan Patrick pushed hard for an overall THC product ban citing safety to children as one reason, Abbott vetoed the bill early on in June during the regular legislative session.

Abbott had said back in June regarding the THC issue “Legislators could consider a structure similar to the way alcohol is regulated, with strict enforcement by an agency like the Texas Alcoholic Beverage Commission.”

One new law that did go into effect Sept. 1 relating to THC was the ban of all THC vape pens and cartridges in the state of Texas.

That Senate Bill 2024 made it illegal to sell or market vape pens containing cannabinoids.

Vape pens have routinely been the most popular THC product on the market. Now it will be a Class A Misdemeanor to sell or market vapes containing cannabinoids. This in turn carries a fine up to $4,000 and one year in jail.

Supporters of the vape pen ban said they believed the new law would help keep the pens out of underage hands.

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The fact is the new law does now make the possession of a vape pen a crime, just the selling of the THC vape pens.

Some thought the vape pen ban was too harsh since this was the preferred THC method for those with chronic pain, PTSD, and other ailments.

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