Editor’s Note: This story has been updated to reflect that Abbott’s proposal was to permit all locations and make sure they only sell to those over 21.
AUSTIN (Nexstar) — On Monday, Texas Lt. Gov. Dan Patrick held a news conference to express his dismay with Gov. Greg Abbott vetoing Senate Bill 3 less than an hour before it would’ve become law. The eleventh-hour action was accompanied by a call for a special session starting on July 21 to strongly regulate hemp, which Abbott says Texas “must do immediately.”
“It sort of puzzles me why my friend Governor Abbott would at the last minute—22 minutes after 11—decide to veto this bill,” Patrick said. “One can only come to this conclusion, which surprises me. The Governor of the state of Texas wants to legalize recreational marijuana in Texas. That’s the headline folks.”
Patrick’s push for a THC ban
The strongest push for SB 3 came from Patrick, who previously hosted a confrontational news conference in support of the bill after it had already been sent to Abbott’s desk. While Patrick’s toss of THC-A infused cereal bites at the reporter pool stole headlines, his response to questions about a potential veto was more paramount in hindsight.
“I speak to the governor every day,” Patrick said in response to the third question asking him if he was afraid about a veto.
“About this?” A reporter asked.
“Look, I’m not going to speak for the governor, OK?” Patrick said. “He will do what he’s going to do. I have total confidence in the governor. You will know his decision when he makes it. The reason I’m here today is for you to tell the story. I’m not worried about the governor understanding it. I’m worried about you all understanding it.”
On Sunday night, Patrick posted his disappointment on social media.
“Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas,” Patrick wrote. “His late-night veto, on an issue supported by 105 of 108 Republicans in the legislature, strongly backed by law enforcement, many in the medical and education communities, and the families who have seen their loved ones’ lives destroyed by these very dangerous drugs, leaves them feeling abandoned. I feel especially bad for those who testified and poured their hearts out on their tragic losses.”
‘It would never go into effect’: Abbott says SB 3 possibly unconstitutional
In his veto proclamation, Abbott called SB 3 “well-intentioned” but likely to face significant legal challenges.
“It would never go into effect because of valid constitutional challenges. Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable,” Abbott wrote. “If I were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years, leaving existing abuses unaddressed. Texas cannot afford to wait.”
Abbott called upon Arkansas as an example, the only state to pass a similar measure into law. However, their effort still hasn’t gone into effect, as federal courts have put the implementation on pause.
“Their law has sat dormant, meaningless, having no effect for nearly two years while further legal proceedings play out. That result must be avoided in Texas,” Abbott wrote. He said SB 3 conflicts directly with federal law, making it constitutionally problematic. “It therefore criminalizes what Congress expressly legalized and puts federal and state law on a collision course: Today, federal law promises Texas farmers that they may grow hemp without fear of criminal liability. But under Senate Bill 3, the seeds used to grow those plants are ‘consumable products’—currently available in stores—and they naturally contain cannabinoids. What’s a Texas farmer to do? Trust the federal government’s promise, or fear criminal liability from the State?”
He also worries about running afoul of the Fifth Amendment by seizing private property.
“While states may restrict the use of dangerous contraband, it is a different thing entirely to change the rules in the middle of the game, thereby interfering with “distinct investment-backed expectations” in property,” Abbott wrote. “Allowing Senate Bill 3 to become law—knowing that it faces a lengthy battle that will render it dead on arrival in court-would hinder rather than help us solve the public safety issues this bill seeks to contain.”
‘How does he know that?’: Patrick disagrees with Abbott’s analysis
While Abbott may have been the former attorney general of Texas and a former state supreme court justice, Patrick disagrees with his assessment.
“I talked to him yesterday, he said, ‘It’s the Arkansas case,'” Patrick said. “This was a lowly district judge in Arkansas, and it’s been going through the courts, we believe the Eighth Circuit will stand with Arkansas. If that happens while we’re going through this charade, then what’s the governor going to say? Oh, ‘I guess I was wrong about Arkansas.’ But even if Arkansas loses, it doesn’t matter. Arkansas does not impact Texas.”
He also points to other laws Abbott signed which will have obvious legal challenges.
“If they haven’t already, they’re going to sue us on school choice and the 10 Commandments,” he said, referring to Senate Bill 2 and Senate Bill 10. “We deal with lawsuits all the time, so that shouldn’t be a surprise. He says, ‘if we were to allow Senate Bill 3 to become law, its enforcement would be enjoined for years.’ How does he know that?”
Patrick also accused Abbott of leading him on by telling him to not worry about the bill before the session started and staying silent on the proposal until his last-minute veto.
“He said, ‘Don’t worry about the bill.’ He said, ‘Your bill is fine.’ That’s what he told me in front of witnesses. In fact, he asked a couple of lawyers on my staff—he said, ‘Can you give me some answers I can give? Because when I sign this, I need some answers to give,'” Patrick said. “So what happened? Who convinced him—on his staff, on the outside—to kill Senate Bill 3… where has he been all session? Where has he been? I mean, we get this proclamation from him last night, after midnight, and he parachutes in at the last moment with arguments that we do not think are valid.”
‘How did we get here?’: Abbott calls for a special session
“The problem THC poses for our communities is real. Earlier this year, a 15-year-old in Houston took a large amount of hemp gummies. When he suffered a “bad reaction,” he called 911, then shot his mother and his sister repeatedly. Just this month, two teens distributed hemp products at a graduation party in Prosper. The celebration ended early when seven high school students had to be rushed to a hospital,” Abbott wrote. “How did we get here?”
Abbott said bad actors are to blame for using the federal government’s farm bill to legalize hemp and creating intoxicating products. In his veto proclamation, he called for the legislature to tackle these topics relating to intoxicating hemp:
- Criminalizing sale to minors
- Banning sales near schools, churches, parks, playgrounds, etc.
- Requiring child-safe packaging
- Banning packaging that appeals to children
- Requiring permits to sell to those over 21
- Banning the mixture of THC and other psychoactive substances, including alcohol and tobacco
- Requiring testing at all phases of the product
- Keeping manufacturing and processing facilities up to food safety rules
- Requiring sellers to maintain warning signs
- Limiting sale hours
- Preventing Sunday sales
- Limiting the raw amount of THC in each product
- Limiting how many products a consumer can buy in each purchase
- Requiring a surgeon general-style warning on the label
- Punishing fake lab results as a felony
- Punishing public consumption and on-site consumption
- Allowing local government to prohibit or limit consumable hemp selling
- Levying excise taxes on the products
The special session will start on July 21 and run for 30 days.
‘This is life or death’: Would Patrick compromise?
As the presiding officer of the Senate, Patrick controls what reaches the Senate floor. However, he says he won’t be in his chair if THC regulations pass that are short of a ban.
“I’m not sure what the (Senate) members are going to do. That will be up to them, but they will understand they’re casting a vote to legalize marijuana in Texas,” Patrick said. “I don’t know how they’ll react, but I will not be on the podium if the votes are there.”
Patrick said he’d follow the will of the Republican senators. As long as 15 of them support a bill, he’ll support it. However, he doesn’t believe they have the votes.
“What kind of culture do we want? We want everybody high? I mean, everyone will tell you in [Colorado, California and Washington], work product has gone down. Everywhere you go it smells like grass. It’s awful,” Patrick said. “I don’t want that for Texas. You know, gaming and sports betting and that—look, that’s a person’s choice… but this is life and death. This is life and death. This destroys lives. This reaches a whole other level.”
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