Senate Bill 3 Coverage:

An ongoing debate in many Texas communities this year. I had the chance to discuss what the passage of Senate Bill 3 could mean to the everyday Texan. Written for the Temple Daily Telegram. Articles can be found at https://www.tdtnews.com/search/?a=3aae92a8-f095-11ef-94a9-e7cbddfeddce&s=start_time&sd=desc&app%5B0%5D=editorial&o=0&l=10

Article 1: June 13, 2025

Temple, Belton police execute broad search of local smoke shops

Local authorities executed evidentiary search warrants on several vape shops that are allegedly selling products with illegal amounts of THC, the primary psychoactive component in marijuana.

Temple released a statement Friday announcing Temple and Belton police executed the search warrants for multiple locations in Temple including Vapor Maven, Pool’s Plus, Redbird Hemp Dispensary, Centex Vape Shop, Adams Smoke Shop and Jack of Smoke, as well as Vapor Maven in Belton.

“There’s still work to be done. It’s our hope that the impact on businesses is that they cease selling illegal products but also that people get educated,” Belton Chief of Police Larry Berg said. “We’re going to do what we can to protect the citizens and especially the children.”

According to the statement, the Temple Police Department Special Investigations Unit has had an ongoing investigation into numerous smoke shops in the Temple and Belton area since January.

The investigation was prompted by residents and officers who expressed concern over the type of inventory that was being sold, according to Temple Police.

The investigation now has become widespread, with assistance from the Federal Bureau of Investigation, Waco Police, Killeen Police, Bell County Sheriff’s Office and Belton Police, working with Temple Police to purchase and test items from these stores.

Temple Police purchased numerous items that claimed to be in compliance with the 2018 Hemp Farm Bill and tested them at the Department of Public Safety Crime Lab and the National Medical Services Laboratory, which is an approved lab by the Department of Public Safety. The Belton Police Department used Armstrong Laboratories to test items purchased.

According to police, during the investigation it became apparent that products in these stores were mislabeled and incorrectly claimed to be in compliance with the 2018 Hemp Farm Bill, which states:

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids (CBD), isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

The lab results confirmed, according to police, that some of the products displayed in these stores are mislabeled and not actually in compliance. Police said the results from every shop tested showed that the product referred to as “flower” and the “flower” pre-rolls were not in compliance with the 2018 Hemp Farm Bill as labeled, and tested positive for marijuana over the allowed 0.3%.

Additionally, multiple shops that claimed to be selling THC-A products produced a lab result of Delta 9 Tetrahydrocannabinol (THC).

According to police, many locations in the area have been identified to be falsely advertising their products by stating they contain the legal amount of THC.

Police stated certified letters will be sent to these locations informing the owners of the searched smoke shops that their products were tested by DPS Crime Lab and the NMS laboratories and are confirmed to contain illegal amounts of THC.

No arrests were made Friday, according to police. The total personnel for this operation were about 65 officers. This case is under investigation, and no other information was released.

The state of Texas has been in limbo when it comes to the laws and classifications of marijuana.

While the Texas Compassionate Use Act, House Bill 46 that expands medical reasons for the medicinal use of the plant, sits at Gov. Greg Abbott’s desk, so does its counter bill.

“To target children with packaging and imagery and try to get kids hooked on substances that are medically inappropriate is horrifically evil so we will address it,” Berg said. “It’s our hope that Senate Bill 3 becomes law for the safety of the public.”

Senate Bill 3 has passed through the Texas House and Senate and awaits the signature, or lack of signature, by Texas Gov. Greg Abbott. The bill focuses on banning consumable hemp products containing any synthetic cannabinoid, often referred to as Delta-8.

While non-intoxicating CBD products remain legal, possession of banned products could result in fines up to $500, with higher penalties for repeat offenders. The act of selling and manufacturing banned products would be a third-degree felony, punishable by two to 10 years in prison.

If neither bill is signed by June 22 they will go into effect without Abbott’s signature on Sept. 1. He has the option to veto or approve these bills before the deadline.

Story 2: June 21, 2025

Police raids of smoke, vape shops called 'political' by attorney who questions testing process for illegal substances; Texas governor may end debate by signing Senate Bill 3

A large-scale raid of local vape and smoke shops where police say illegal hemp products were being sold has been challenged by an attorney and some affected by the raid.

Dozens of officers from multiple departments conducted an "evidentiary search" of eight shops on June 13, seven in Temple and one in Belton. Officials said they confiscated products to test for illegal amounts of THC, or tetrahydrocannabinol, the psychoactive ingredient in marijuana.

An attorney who has represented dozens of clients fighting for their businesses and livelihoods after similar raids said these law enforcement actions are political. And he says the tests used by law enforcement to determine THC levels in products are confusing and inaccurate.

David Sergi of Sergi & Associates, who has represented businesses in hemp-related cases, said it is the test itself — which uses high levels of heat — that chemically alters the legal THCa into the illegal THC that is found in marijuana.

“Basically, THCa turns into Delta-9 and the law looks only at Delta-9,” Sergi said. “The heat causes a chemical change and essentially creates an illegal substance from a legal one.”

Sergi said that in more than 50 cases such as these involving smoke and vape shops, he has only seen one charge filed and it had nothing to do with THC.

“In my personal opinion, they’re (police) going to try to forfeit the items that they seized and financially break my clients with forfeiture," Sergi said. "We are going to vigorously contest it and probably file a civil rights action at the appropriate times.”

Following the recent local raid, which included 65 law enforcement personnel, the Temple Police Department said in a press release that officers had purchased numerous items that claimed to be in compliance with the law for selling THC-related products.

Temple Police said these items were then tested at the Department of Public Safety Crime Lab and the NMS Laboratory, which is an approved lab by the Department of Public Safety. Belton Police Department used Armstrong Laboratories to test items recovered by officers.

Following the raid, police highlighted a specific product caught up in the search.

The results from every shop tested, according to police, showed that the products referred to as “flower” were not in compliance with the 2018 Hemp Farm Bill as labeled, and tested positive for marijuana over the allowed 0.3%.

“Additionally, multiple shops that claimed to be selling THCa products produced a lab result of Delta-9,” police stated. “These lab results confirmed that some of the products displayed in these stores are mislabeled and not actually in compliance."

Cannabinoids, substances found in the cannabis or hemp plant, include Delta-8 THC and THCa, both legal substances.

THCa, non-psychoactive, is the cannabinoid that appears before THC. THCa converts to psychoactive THC when heated.

Sergi countered the law enforcement assessment following the raid and pointed to a Texas Forensic Science Commission report released this year.

“Texas Forensic Science Commission has undermined and eviscerated the type of testing used at (Department of Public Safety) and Armstrong labs,” Sergi said. “I would say it is completely political and the (district attorneys) that I have talked to aren’t thrilled with these cases.”

The Bell County District Attorney’s Office did not return the Telegram’s calls regarding this matter.

A cautionary explanation of the testing process to determine the illegality of a THC product was provided in an April meeting of the Texas Forensic Science Commission.

“Some (labs) are running a GCMS (Gas Chromatography-Mass Spectrometry) method that does not allow that distinction (between THCa and THC), DPS being among those labs,” Lynn Garcia, general commission member, said during the April meeting. “DPS is not testing, they suspended their testing, and that is going to contribute to a pretty significant backup of cases and symptoms which does not help anyone.”

DPS did not respond to the Telegram’s inquiry regarding department testing.

The commission referenced in a report how the gas chromatography-mass spectrometry (GS-MS) test applies heat during a test to separate different substances.

According to the commission, in labs that use GC-MS to test hemp, or THC, products that are heated by the the testing equipment result in decarboxylation — chemically converting legal THCa into illegal Delta-9 THC.

“In other words, a plant or liquid item of evidence containing CBD can arrive at the laboratory with a certain amount of Delta-9-THC, and that amount can be increased by the high heat used in the testing process,” the commission stated in a report.

When asked about these issues, the Temple Police Department referred the Telegram's questions to the Department of Public Safety, which has not responded.

The Belton Police Department defended the testing methods in investigations.

“We have confidence in the integrity of the results we receive from Armstrong Forensic Laboratory,” Cristina Waits, spokesperson for Belton Police Department, said.

“Armstrong is fully accredited and inspected regularly, which ensures that test results are as accurate as possible," Waits said. "Additionally, after results are received, we collaborate with the District Attorney’s office through a screening process. Then, the appropriate charges are determined based on that investigation.”

There has been no notice of charges against the local vape and smoke shops raided by police.

Sergi maintains that law enforcement is pursuing a politically motivated investigation.

“The Texas Forensic Science Commission has repeatedly cautioned law enforcement and prosecutors about the limitations of certain lab methodologies used in cannabinoid testing, including the improper use of gas chromatography without derivatization, which can convert non-psychoactive THCa into Delta-9 THC and produce misleading results” Sergi said. “Despite these warnings, the state continues to build cases on questionable science.”

The commission has nine members, all appointed by the governor of Texas. Seven of the members are scientists and two are attorneys — one prosecutor and one defense attorney. The commission’s presiding officer is designated by the governor.

Texas Gov. Greg Abbott may settle the legality of all THC products this weekend.

Abbott has until midnight today to address the controversial Senate Bill 3, which will essentially ban all THC from being sold in stores.

SB 3 passed through the Texas House and Senate and was sent to Abbott’s desk on May 27. The bill can be signed into law, vetoed, or go into effect with no signature by the governor.

The bill focuses on the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids, including THC, contained in those products.

SB 3 will impose one of the most comprehensive bans on consumable hemp products in the country, to include all products containing any measurable amount of THC or other natural and synthetic intoxicating cannabinoids.

Local and state law enforcement have been advocates for SB 3, backed by Lt. Gov. Dan Patrick.

While non-intoxicating cannabidiol (CBD) products remain legal under SB 3, current testing methods used by law enforcement could affect businesses who are legally selling CBD products.

“We sell zero THC products and we could still be shut down,” Judy Corrigan, owner of Centex CBD in Belton, said. "We sell other healthy cannabinoids for sleep, relaxation, and mood boosters."

Corrigan's business was not included in the local raid.

Until the governor decides one way or the other on SB 3, the future of hemp businesses is up in the air and may go up in smoke after midnight today.

Story 3: June 24, 2025

Abbott wants to 'get it right' as Patrick rips his veto of bill banning THC-related products

Republican Texas Gov. Gregg Abbott’s veto of a bill that would have banned the sale of THC-related products has been met with pushback from the lieutenant governor and local law enforcement.

Abbott vetoed the highly-debated Senate Bill 3 written to ban products containing THC, the psychoactive ingredient in marijuana. The bill has been making headlines since the beginning of the 89th Texas Legislature regular session that ended June 2.

The governor’s veto just before the deadline of midnight Sunday was met with heavy criticism from within his political party.

“The last time I talked to the governor, in the capital before session, he said, ‘Don’t worry about the bill,’” Lt. Gov. Dan Patrick, a fellow Republican who presides over the Senate, said in a press conference Monday. “He said, ‘Your bill is fine.’ That’s what he told me in front of witnesses.

“In fact, he asked a couple of lawyers on my staff; he said, ‘Can you give me some answers I can give because when I sign this, I need some answers to give.’”

The veto decision has also been questioned locally.

“It’s very disappointing that events turned out the way they did regarding the veto of Senate Bill 3,” Belton Police Chief Larry Berg said. “There’s a lot of misinformation out there in so far as the potency of some of the concentrated consumables.

“At this point, we’ll have to see what the Legislature irons out. I hope that the result is a framework that reinforces children’s health and safety while ensuring compliance with federal law.”

Earlier this month, eight shops were under investigation by both Temple and Belton police departments. Seven of the shops where law enforcement performed “evidentiary searches” were located in Temple and one in Belton.

Patrick called out retailers across the state he believes are a danger to the public.

“These rogue retailers are selling THC products containing several times more THC content than marijuana purchased from a drug dealer off the street,” Patrick said. “These dangerous products must not be allowed to permeate our communities and endanger Texas children.”

Local police stated the investigation into local stores was prompted after several complaints from officers and concerned citizens.

“The current law in Texas is that anything over 0.3% is illegal,” Sydney McBride, spokesperson for the Temple Police Department, said. “The veto doesn’t change the current laws. The police department will always uphold the current laws.”

After testing some of the products gathered in the local investigation, authorities reported some products had tested positive for illegal amounts of THC, or tetrahydrocannabinol.

Local police believe the governor’s veto won’t impact ongoing or future investigations.

“We will continue to investigate complaints and concerns about illegal products being sold by any business, including vape shops,” Berg said.

Abbott, who signed 1,155 bills into law and vetoed 28 bills from the 89th Regular Legislative Session, defended his last-minute decision in a public statement following the veto.

“Senate Bill 3 is well intentioned,” Abbott stated. “But it would never go into effect because of valid constitutional challenges. Litigations challenging the bill have already been filed, and the legal defects in the bill are undeniable.

After vetoing SB 3, Abbott stated the bill had the potential to “make felons out of innocent Texans.”

“Senate Bill 3 not only invites potential criminal entrapment for Texas farmers,” Abbott wrote. “It would also make felons of other innocent Texans like pharmacists stocking health supplements, veterans treating PTSD, and parents caring for epileptic children with FDA-approved medications. Possessing ‘any amount’ even trace amounts of THC results in criminal penalties despite federal law saying, ‘No state … shall prohibit’ the transportation of hemp products.”

Patrick painted a different picture of what the state may look like if the products are not regulated.

“Who are we as a state?” Patrick asked. “[Do] we think we are going to attract business here if we got a bunch of people high on marijuana, at very high levels? Is that who wants to come here and build their plant here? Open up a business, move their family here? We’re not Colorado, and we’re not Oregon and we’re not Washington State. We’re Texas.”

Abbott addressed some of the safety issues that have been raised regarding selling THC, or hemp, products, and has called for a Special Legislative Session that starts July 21 to address SB 3 and others that didn’t make it into law.

Abbott stated there may be other legislative ways to regulate the product rather than a complete ban. He offered a comparative solution similar to the Texas Alcoholic Beverage Commission.

That approach is worth considering, according to some in local law enforcement.

“Regarding some of the governor’s specific proposals, I support his suggestion that consumable hemp sales be prohibited to minors, as well as near areas frequented by children,” Berg said, “I also support his suggestion that local governments have the option to prohibit or limit stores selling these products.

“Police departments should have the ability to protect citizens according to local laws and ordinances created and regulated by individual municipalities.”

Abbott stated he wants to create a solution for the THC issue with any new legislation.

“Passing a law is not the same thing as actually solving a problem,” Abbott stated. “Texas needs a bill that is enforceable and will make our communities safer today, rather than years from now.

“Next month, the legislature will have the opportunity to address this serious issue. I look forward to working with them to ensure that we get it right.”

Story 4: June 28, 2025

What's next for hemp? Attorney, grower call for regulation, education about hemp market

After Texas Gov. Greg Abbott vetoed Senate Bill 3 that allowed for the complete ban of THC products, the state of the hemp industry remains unclear.

Abbot has called a special legislative session to start July 21 that may remove the uncertainty, but until then constituents are making their voices heard over the controversial topic.

The 2018 Hemp Farm Bill passed by the U.S. Congress outlawed more than .3% tetrahydrocannabinolic (THC), but it has left people confused on the legality of the different, unaddressed cannabinoids present in the hemp plant such as cannabidiol (CBD), cannabigerol (CBG), delta 8 and tetrahydrocannabinolic acid (THC-a).

“Cannabis cannot be grown with 0% THC. Some may have less but each one of the cannabinoids works together to create the hemp plant,” Geremy Anderson, a hemp grower in Manor, said.

Anderson said the confusion around a regulatory bill may be due to inexperience around the plant and preconceived notions about users.

“(Lt. Gov.) Dan Patrick was telling outlandish lies and fear mongering,” Anderson said. “Telling people we were killing their kids, but we are normal people. I was a stock broker in another life, and most of the legal shops are ma and pa shops.”

Anderson is not the only one calling for more education on the plant.

“The rest of the country is moving forward. Texas is a deep red state and marijuana has always been a scary boogie man to us but re-education at a fundamental level must be called for,” Ben Michael, criminal defense lawyer at Michael & Associates in Austin, said.

Michael also called out the lieutenant governor’s claims of vape and smoke stores selling products with a higher THC concentration than the allotted .3%.

“We did our own study,” Michaels said. “We purchased edibles and vape pens from across the state and sent them to three different and independent labs. Not a single one tested above the .3% THC level.”

Both Anderson and Michael share the belief that if a product from one of the vape stores has tested over the legal amount, responsibility falls not on the buyer or the smoke shop, but the wholesale retailer.

“If I owned a vape shop, I’d be sweating right now,” Anderson said. “They go to the cheapest wholesaler they can find, which leaves them with one or two in the area, and these big distributors are selling products they want to get rid of.”

Michael explained the reason blame is difficult to place on a particular person or business is because of the intent of an individual at each stage of the purchasing process.

“Intent is key,” Michael said. “Law enforcement must prove the intent to possess an illegal substance. If companies are selling or customers are buying what they believe to be a legal product there is no intent to break the law.”

The issue, according to Michael, is that each jurisdiction handles marijuana charges differently.

“There is a difference in how each law enforcement officer enforces the rules,” Michael said. “This is the crux of the problem we have been facing since the Hemp Bill was passed. It is ambiguous, there’s no specific language about enforcement, testing or regulating the product.”

He has seen these issues play out in court.

“Some district attorneys understand, but others are only looking to get it off the street,” Michael said. “Only a jury can decide.”

From Patrick’s complete ban to Abbott’s call for regulations without a ban, there may be a solution in sight.

“Myself and some colleagues actually sat down with lawmakers in the capitol and talked about turning the ban into a regulatory framework,” Anderson said, referring to a meeting during the last legislative session. “We stayed until 2 a.m. one night addressing problems, but at the last minute it was reverted to an unconstitutional and unenforceable ban again.”

Anderson said the proposed regulation bill addressed issues such as packaging, including designs tailored to children and the inclusion of a QR code that would reveal the test results of the product, ensuring it is factual.

Anderson has hopes that the upcoming special session will take into consideration a more regulatory standpoint rather than a complete ban.

“I agree with most of the concerns, but not the solution.” Anderson said. “It’s lazy.”

There is a potential $4 billion revenue in the hemp industry, according to Michael.

Michael noted Texas has a unique position in the industry due to a strong agriculture history, as well as a growing number of people using these products for health concerns.

“Times are changing ... in this issue we have seen strong supporters of the plant and its medicinal impact,” Michael said.