AUSTIN — In an unexpected eleventh-hour twist, Texas lawmakers are scrambling to forge a compromise to tighten regulations on consumable hemp products, a significant development after weeks of legislative inaction. The negotiations, taking place in the final moments of a special session, mark the first sign of movement on an issue that has deeply divided the state's top leaders.

The sudden burst of activity comes after the primary legislative proposal—an outright ban on all THC products—had seemingly stalled. The bill, pushed by Lt. Gov. Dan Patrick, had cleared the Senate twice this summer but repeatedly failed to gain traction in the House, where a lack of support made its passage improbable. This impasse had created a rare public disagreement between Patrick and Gov. Greg Abbott, two long-time political allies.

A Veto and a Divide 

The conflict began in June when Governor Abbott vetoed a similar THC ban bill passed during the regular session. Abbott stated the bill would clash with federal law and instead called for a more nuanced, regulatory approach. His suggested measures included potency limits, age restrictions, and a ban on synthetically modified hemp compounds.

In stark contrast, Lieutenant Governor Patrick has maintained that a total ban is the only way to safeguard Texans from products he claims contain illegally high levels of THC, the psychoactive compound in the cannabis plant. He has consistently argued that regulating the thousands of businesses in Texas's booming hemp market would be an impossible task. This hardline stance has surprisingly put Patrick, a prominent conservative figure, at odds with a portion of his base, who favor the availability of these products.

New Proposals Emerge 

With the full ban faltering, lawmakers are now exploring alternative solutions. Among the new proposals being considered is a bill from Rep. Briscoe Cain, R-Deer Park, which would establish the Texas Hemp Council. This body would be tasked with studying and developing rules for THC products, along with creating new testing and licensing requirements. Additionally, Rep. Charlie Geren, R-Fort Worth, has proposed legislation to bar the sale of THC products to anyone under the age of 21.

The hemp market in Texas was unintentionally created in 2019 when the state legalized hemp to align with federal law. Under current state law, products are not supposed to contain more than a 0.3% concentration of delta-9 THC. However, enforcement of this limit has been difficult, largely due to challenges in testing products and citing retailers, allowing the market to grow with little oversight.

The Path to Regulation 

The recent negotiations represent a shift from the all-or-nothing approach that had dominated the debate. Lawmakers who previously supported the ban are now looking for a viable path forward that addresses public safety concerns while avoiding a complete shutdown of a multi-million-dollar industry.

"We looked hard for that common ground and just never could find it," said Rep. Gary VanDeaver, R-New Boston, the author of the failed ban bill, just before the latest negotiations began. His words underscore the difficulty of bridging the gap between those who seek a total prohibition and those who advocate for a regulated market. The outcome of these last-minute talks remains uncertain, but they signal a potential resolution to a long-standing legislative stalemate.

The compromise, if reached, would not only reconcile the differences between the state's highest-ranking officials but also set a precedent for how Texas plans to manage its rapidly expanding cannabis-adjacent market moving forward. The future of the state's hemp industry now rests on the success of these final, desperate discussions.