When Brook Richie learned that Texas had moved to ban smokable hemp products — something that will go into effect March 31 — she wasn’t surprised.
“You could already see it heading in this direction,” said Richie, who owns Bee’s Wellness Cafe, a dispensary in the Thousand Oaks Shopping Center. “It just seems to be unfair for the people of Texas, because [state officials] are basically telling them how they can get their medicine.”
The state’s looming ban, which will go into effect along with a rash of new regulations on purveyors of hemp-derived THC, was months in the making. Even so, it seems to have caught many users of the products off guard.
Last summer, Gov. Greg Abbott vetoed Senate Bill 3 — a piece of legislation pushed by Lt. Gov. Dan Patrick, a fellow Republican, that would have banned most THC-derived hemp products statewide. GOP leaders failed to broker a new deal following the veto, but got a lift when Abbott directed the Texas Department of State Health Services (DSHS) to increase regulations on the industry.
The regulations DSHS responded with included increasing licensing fees, adding a variety of testing and labeling requirements, and, significantly, lowering the allowable amount of THC in products to 0.3%. That last change essentially eliminates all legal sales of smokable hemp products such as joints and flower buds.
And, yes, those smokable products make up the majority of sales for many of the state’s hemp retailers and distributors. Not surpassingly, that’s frustrated and angered dispensary operators — especially since it comes as they face so many other new regulations.
“I just feel like instead of outright banning it, they should just crack down more on the testing part to make sure it is compliant, regulated, and make sure people are getting what they think they’re getting,” said David Burrow, CEO of San Antonio’s Alamo Botanicals.
Burrow said THC products are largely misunderstood, and he said that problem stems from misinformation spread from the highest level of state government.
Over recent years, Patrick — one of the state’s most outspoken GOP culture warriors — has been particularly outspoken in his objections to THC products, arguing that no one really knows what the products contain. He’s also attempted to link them to youth suicides and suggested they’re responsible for a wider public health crisis.
Understanding of THC’s health effects is still developing, and researchers give Patrick’s claims mixed reviews at best.
Despite the spread of misinformation, and an opposition seemingly baked into the Republican-controlled Texas Legislature, Burrow said business at Alamo Botanicals has been steady in recent years coming out of the COVID-19 pandemic.
However, he now worries the stability of his business. Smokable products accounted for 30-35% of Alamo Botanicals’ sales. Vapes made up for 15-20% until a separate measured banned them statewide last year.
“I’d be lying if I said it wasn’t going to make an impact,” Burrow said of the latest ban. “It is a big part of the business, but not something that is going to impact our ability to take care of our community and stay open.”
Burrow said the wide variety of products Alamo Botanicals offers should allow his venture to weather the loss of revenue from smokable products.
Even so, the industry is already feeling the reverberations of the new regulations.
One dispensary in the Alamo Ranch area is closing, Richie of Bee’s Wellness said. The business’ owners plan to reopen in a state where recreational marijuana is legal.
Even aside from the new ban on smokable products, the uncertainty about what will be legal to sell year-to-year is having an effect on dispensary operators, according to Richie.
“It’s definitely stress-inducing, and it does make people question whether they should stay in this industry,” she said.
Part of the frustration for dispensary operators is the logic of outlawing the smokable products even as other products remain on the shelves.
“It’s the actual plant,” Burrow said. “It’s not a synthetic product, it hasn’t been altered in any way, it’s just the closest you can get to the plant. And it’s the fastest acting too.”
And there are reasons why some prefer to smoke rather than take an edible or drink an infused beverage.
“One of the most important things is the control that smoking gives the consumer,” Richie said. “Whenever they imbibe with smoking, they are going to be able to control it easier. They are going to be able to stop when they feel relief, and they know the duration is going to last an hour to an hour-and-a-half.”
A considerable number of those who prefer to smoke are going to find ways to continue to do so rather than switching to other THC-infused hemp products, she added.
“They’re probably just going to get illegal [products],” Richie said. “They never know what they’re going to get on the streets … so, actually, the population is now at risk, because a legal version that is safe and traceable is being taken away from them.”
The assertion that people will turn to the black market raises broader public policy questions about whether it’s better to legalize and regulate substances like THC or whether that encourages people who might not otherwise smoke.
It’s a discussion happening happening at the national level as well. A federal ban on numerous THC-derived hemp products also is scheduled to take effect in November, further raising anxiety for hemp businesses and users.
Nevertheless, Richie said she’s not deterred in her mission at Bee’s Wellness Cafe.
“I still feel like I was put onto this path and that I’m here to help people,” Richie said. “I’m going to stay here and I’m going to stay strong so that I can help support our community.”
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