The two bills outlined a distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% delta-9 THC, the chief psychoactive component in weed that gets users high. Cannabis with more than 0.3% delta-9 is considered illegal marijuana. Since the bills were passed, products like delta-8 and delta-10, variants of delta-9 that also have intoxicating effects, have cropped up on the scene. There are even intoxicating delta-9 products being sold in shops today.
It’s arguably easier than ever to get high in the state, even though Texas has long banned the sale and consumption of marijuana. But are these new products safe and are they staying out of the hands of children? State Rep. Stephanie Klick, a Republican from Fort Worth, said she wants to ensure that they are with added regulation. She hopes to accomplish this through bills filed during the state’s special legislative session, but there’s next to no chance of that happening. She might just have to wait for the next regular session.
Still, she says there are problems in the hemp industry that need to be addressed.
“The problem we have is this is untested product, and kids are getting a hold of it,” Klick said, referring to products like delta-8. “I think that we need to place more restrictions so that kids cannot get a hold of it. But I think if the product is going to be consumed, it ought to undergo testing.”
Some state lawmakers have tried to ban these products in the past. There has also been an effort by the Department of State Health Services to add them to the list of controlled substances. That effort is tied up in court at the moment, and the products remain arguably legal for now. But Klick said she thinks a ban on the products would be very difficult to pull off. Instead, she thinks they should be tested to ensure they aren’t contaminated with pesticides or heavy metals.“The problem we have is this is untested product, and kids are getting a hold of it." – Rep. Stephanie Klick
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According to the FDA, some of these products are made using harmful chemicals that could lead to contamination.
Klick said if they were tested and if extra protections were in place to ensure kids don’t get their hands on them, she has no problem with adults using these products.
The FDA received 104 reports of adverse events in patients who consumed delta-8 between Dec. 1, 2020, and Feb. 28, 2022. Of those, 8% involved patients younger than 18 years old. Additionally, national poison control centers received 2,362 delta-8 exposure cases between Jan. 1, 2021, and February 28, 2022. Of those, 41% involved users younger than 18.
“Looking at the number of poison control incidents with kids with these hemp-based products, we’ve got a problem that we need to address,” Klick said.
She said there is some pushback against regulation because it could make producing these products more expensive. “Obviously, any time you’re having to comply with regulations, there’s added cost involved in producing your product,” she said. “I get that, but I also want safe products that are going to be consumed by consumers.”
She claims she’s seen the products in places like nail salons, which may not be used to checking IDs. She also claimed she’s seen delta-8 vending machines across the street from grade schools, although she admits she doesn’t know how they work or if ID is required for purchases. Still, she said: “We need to tighten up our regulations on this so that kids do not get a hold of these products. If they are caught using these products, they can be sentenced to alternative education. I mean, it’s a pretty heavy burden for kids.”
According to The Texas Tribune, one Texas teen was jailed on felony charges after being caught vaping delta-8 at school. Klick said she thinks the whole outlook on these products needs to change if they’re going to be kept away from children.
“When you can buy these products just about anywhere, it leaves the impression to the public that they’re safe, and perhaps they’re not taking the care and consideration of keeping them out of the reach of children,” Klick said.
