AUSTIN, Texas (KTRK) — The state is a step closer to banning THC — the psychoactive compound found in cannabis or marijuana.

Last week, the Senate passed the legislation, and now it’s up to the House.

Lt. Gov. Dan Patrick says he’s not willing to compromise on a total ban and said he is willing to force a special session if it comes to that. He wants THC banned in Texas and he does not mince words.

Patrick said he wants a law that prevents stores from selling products infused with tetrahydrocannabinol, known as THC, and says are taking advantage of a loophole in a law that expanded the use of hemp for agricultural purposes. The legislation was born from a proliferation of so-called smoke shops across the state. Patrick said those shops are virtually everywhere now. He recently visited several shops and asked questions of vendors ahead of the SB3’s passage.

“Three years ago, we had very few (smoke shops selling THC products),” he said. “In the last three to four years, we have 8,000 of these stores. Now some of them are not smoke shops, but 8,000 of these places have opened up. We’re talking dangerous drugs that are illegal and over the limits and nobody knows what they’re buying and they’re building these shops around schools.”

The Senate Committee of State Affairs held a 10-hour hearing three weeks ago in which dozens of people testified for and against the THC ban. Those for it included law enforcement and healthcare professionals. Those against the ban say it will hurt their legal businesses and those who say they depend on the physiology of THC to help them with physical and mental pain.

“I need THC to control my seizures,” testified Elizabeth Miller, “to control my pain, to give me an appetite.”

Hemp attorney Andrea Steele said the law does not achieve its stated goals.

“If the goal is to prevent youth access and ensure product safety, this bill does the opposite by eliminating safety measures, fueling unregulated markets, and violating federal law,” she said.

Patrick said there is a compassionate use program for those who use marijuana medically and SB3 does not touch that.

“If you’re a child with epileptic seizures where marijuana helps, you’re allowed,” he said. “If you’re a veteran with PTSD, you’re allowed. If you have cancer, you’re allowed.”

The House has its own version of the legislation which focuses on regulation, not a ban. Patrick says that won’t work. When asked if he would compromise, he said no.

“We’re going to ban it,” he said. “There is no compromise here.”

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