Lt. Gov. Dan Patrick’s recent announcement on banning consumable THC in Texas isn’t just a policy shift—it’s a decision that could disproportionately impact communities of color, especially here in Houston. Patrick’s proposed legislation, designated as Senate Bill 3, signals his top priority for the upcoming legislative session.
Patrick claims that the booming hemp market in Texas has spiraled out of control, citing concerns over “life-threatening” and “unregulated” THC products being marketed to the public, including minors. But for many Black Houstonians, this feels like yet another instance of politicians targeting industries that provide opportunities for small businesses and economic growth in underserved neighborhoods.
The law allowing the sale of consumable hemp products passed in 2019, was initially celebrated as a way to support Texas agriculture. It permitted hemp containing no more than 0.3% THC, a compound found in cannabis. Yet, Patrick and other critics argue that retailers have exploited this law to sell products with higher levels of THC, leading to what he describes as an unregulated flood of dangerous items.
Since 2023, thousands of stores selling hazardous THC products have popped up in communities across the state, and many sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased
Lt. Gov. Dan Patrick’s
from a drug dealer.
This rhetoric, while alarming, could overshadow a critical conversation about equity and justice. For Black entrepreneurs, the hemp market has been one of the few emerging industries with relatively low barriers to entry. Small businesses selling products like CBD oils, THC gummies, and hemp flowers have found a foothold in neighborhoods like Houston’s Fifth Ward. If Patrick’s ban becomes law, many of these businesses could be forced to close, disproportionately impacting people of color.
It’s also hard to ignore the racial undertones in cannabis policy enforcement. Texas hasn’t legalized marijuana for recreational use, and criminal penalties for possession remain severe. Historically, Black Texans have faced disproportionate arrests and convictions for cannabis-related offenses. Now, with a crackdown on hemp products, many fear that the state is doubling down on policies that hurt, rather than help, communities already marginalized by the criminal justice system.
Supporters of the ban argue that the hemp market lacks adequate testing and age restrictions, pointing to health risks and the unregulated sale of intoxicating products like delta-8 THC. But the hemp industry disputes these claims, emphasizing that banning delta-8 and delta-9 products would devastate small businesses and strip Texas of a growing economic engine.
Sen. Charles Perry, the Republican lawmaker who helped pass the 2019 hemp law, will carry the new legislation to ban THC products. Perry has expressed regret over the way the hemp market has expanded, but his disappointment doesn’t address the livelihoods and businesses now at risk in cities like Houston.
For Black Houstonians, the proposed ban on THC is more than a regulatory decision—it’s a reminder of how policies aimed at control often overlook the lived realities of communities trying to thrive. As this debate moves forward, it’s essential to ask: Who benefits from these laws, and who stands to lose the most?