Amid growing debate within Texas legislative circles, Governor Greg Abbott has vetoed Senate Bill 3, a measure intended to implement stricter regulations on the state's expanding hemp industry. In a veto statement issued by the Office of the Governor, Abbott pointed to significant legal concerns and potential constitutional issues as the basis for his decision to reject the bill.
Governor Greg Abbott acknowledged that Senate Bill 3 was intended to improve public safety, particularly for minors, but cited significant issues with the bill's structure. He emphasized the urgency of regulating high-THC products, noting the risks they may pose. However, Abbott ultimately vetoed the bill due to concerns that it would likely face immediate legal challenges. He pointed to conflicts with federal farm laws and the bill’s potential to criminalize substances considered legal at the federal level, raising issues of federal preemption. Abbott also referenced a comparable case in Arkansas, where similar legislation was halted by a federal court.
The decision was supported by specific legal precedent, with reference made to the case of Bio Gen, LLC v. Sanders. It was noted that, "The Arkansas law was challenged, and a federal court swiftly halted it in its entirety, finding it was likely preempted by federal statutes and that its criminal provisions were likely unconstitutionally vague," as stated in the press release. In response to the veto, a Special Legislative Session has been scheduled for July to focus on creating new legislation that balances public safety concerns with constitutional compliance.
Abbott’s critique of Senate Bill 3 focused on concerns about the potential for entrapment of Texas farmers and the criminalization of individuals using hemp products legally. He cited incidents from earlier this year, including a case in Houston where a 15-year-old consumed a large amount of hemp gummies, resulting in a shooting involving his mother and sister, as well as an event in Prosper where the distribution of hemp products at a party led to hospitalizations. Abbott also noted the economic impact, referencing investments made by those operating within state and federal hemp laws.
In his closing remarks, Abbott outlined potential regulations for the new legislation, such as comprehensive testing requirements, enforcement mechanisms, and child-proof packaging mandates. He emphasized the need for a bill that is enforceable and improves community safety promptly.
