SAN ANTONIO — Peter Diaz, co-owner of a local dispensary, expressed concern over the potential statewide ban on THC products, which he said could devastate his business and the families it supports.
“I’ve gotten away from opioids from a motorcycle accident years ago just by using the cannabinoids,” said Diaz. “If they made THC illegal, that would knock out 50% of our product line. We probably would not be able to sustain a business and support these other four families.”
However, Daniel Mehler, a lawyer specializing in cannabis cases, believes a ban is unlikely. He explained that many products in Diaz’s store are sourced from outside Texas, and federal law protects such interstate commerce.
“So if it’s produced elsewhere lawfully, it can still be imported and sold here, and I don’t think that the legislature has the authority to actually ban that. It runs right into the principle of federal pre-emption,” said Mehler. He noted that federal law takes precedence over conflicting state laws, and the regulation of THC in hemp differs between federal and Texas standards.
Mehler added, “So like North Carolina, for instance, specifically because the federal bill controls, the only thing they have to lab test is delta-9 THC, which doesn’t actually exist in the plant prior to you lighting it on fire, vaporizing it, or baking with it.”